IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Crl.MC.No. 3185 of 2006() ------------------------- PETITIONERS/ACCUSED: ---------------------- 1. USHA DEVADAS, W/O.DEVADAS, VAKKUPARAMBIL, PERUMADIYUR, OTTAPPALAM. 2. DEVADAS, S/O.PARUKKUTTY AMMA, VAKKUPARAMBI, PARUMADIYUR, OTTAPPALAM. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENTS/cOMPLAINANT & STATE ---------------------------------- 1. PREETHI, D/O.CHANDRALEKHA, SIVAPADAM HOUSE, PERUMADIYUR AMSOM DESOM, OTTAPPALAM TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CRL.M.C.No.3185 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2008 O R D E R petitioners, who have been arraigned as accused in Crime No.104/2006 of Pattambi Police Station, have preferred this petition under Section 482 of the Code of Criminal Procedure seeking to quash the above proceedings pending against them. 2. The above crime has been registered on the basis of a complaint preferred by respondent No.1 herein alleging commission of offences punishable under Sections 406,417 and 420 I.P.C read with Section 34 I.P.C. In fact, the above complaint was forwarded by the Judicial Magistrate of First Class, Pattambi to the police for investigation under Section 156(3) of the Code of Criminal Procedure. 3. The case of the defacto complainant, in a nut shell, is that she and her mother who had been residing with accused 1 and 2 in their residence, wanted to purchase a residential building of their own. Therefore, they handed over 15 fixed deposit receipts standing in their name to the two accused as instructed by them in order to purchase the building. 2 CRL.M.C.NO.3185/06 According to the defacto complainant, the fixed deposit receipts were encashed by the accused and a residential building worth Rs.4,80,000/= was purchased. But she alleged that a sum of Rs.12 lakhs was still due from the accused. They had also refused to hand over the title deed in respect of the residential building purchased in the name of the defacto complainant and her mother. I do not propose to refer to the other averments in the complaint at this stage. In my view, the present petition filed by the petitioners is wholly premature. It is true that the police has registered the above crime on the basis of the complaint forwarded by the jurisdictional Magistrate. The petitioners have a definite case that they are innocent of the charge levelled against them. The investigating agency will undoubtedly unearth the real state of affairs and petitioners will be charge sheeted only if the investigating agency finds their complicity in the crime. In that view of the matter, I do not find any reason to entertain this petition. Therefore, the Crl.M.C is closed. A.K.BASHEER, (JUDGE) 3 CRL.M.C.NO.3185/06