IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Crl.MC.No. 572 of 2009() ---------------------------------- CC.37/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER(S): IST ACCUSED -------------------------- MATHEW PANICKER, S/O.JOHN PANICKER, AGED 54 YEARS, MALIYEKKAL HOUSE, TC 36, KADAPPAKADA, KOLLAM. BY ADV. MR.SUMAN CHAKRAVARTHY RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 572 OF 2009 --------------------------------- Dated this the 18th day of February, 2009 O R D E R This petition is filed with a prayer to a quash the Annexure-A final report in Crime No. 592/97 of Fort Police Station and all consequent proceedings pending on the files of Judicial First Class Magistrate -II, Thiruvananthapuram as C.C. 37/01. 2. The allegation against the accused is that he along with another person had committed the offence under Section 420 r/w 34 IPC and Section 24(1) of the Emigration Act. According to the prosecution it was on 18.12.1997 at about 7.00 p.m, it was found that the petitioner and the other accused were indulged in recruiting persons for employment abroad without necessary registration issued by the Ministry of Labour, Government of India. This court had the opportunity to consider the quashing of Crime No. 592/97 in Crl. M.C. 5434/2003. The learned Judge of this court held that sanction under Section 27 of the Emigration Act is necessary and therefore the charge under Section 24(1)(c) will not lie. This court also found that when it is established that Crl.M.C. No. 572/2009 -2- the interview for recruitment was with the permission of the Government of India, charge under Section 420 of the IPC also will not lie. This court also observed that none of the participants had come forward with any complaint of cheating. This Court therefore held that the proceedings against the petitioner therein would be an abuse of process of the court. The said decision would apply to the facts of this case in full force. Therefore it is an appropriate case where the prosecution has to be quashed invoking power under Section 482 of the Crl.P.C. The Crl.M.C. is allowed. The proceedings against the petitioner in C.C. 37/2001 pending before the Judicial First Class Magistrate Court -II, Trivandrum is quashed. M.N. KRISHNAN,JUDGE vkm