IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Crl.MC.No. 2172 of 2007() ------------------------- CMP.1531/2007 of CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .................... PETITIONER(S): ACCUSED: ----------------------- 1. K.N. PURUSHAN, AGED 58 YEARS, CHARUVILAPUTHEN VEEDU, UMMBERNADU MURI, THEKKEKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. 2. SABU P., AGED 33 YEARS, S/O. K.N.PURUSHAN, CHARUVILAPUTHEN VEEDU, UMMBERNADU MURI, THEKKEKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 3. MATHEW KURUVILA, AGED 52 YEARS, S/O. KURUVILA, MANAGING DIRECTOR, PIN POINT, MARRIAGE CONSULTANTS, THODUPUZHA. ADV. SRI.C.K.VIDYASAGAR FOR R3 SRI.P.CHANDY JOSEPH FOR R3 BY PUBLIC PROSECUTOR SRI.GIKKU JACOB FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2172 OF 2007 =========================== Dated this the 12th day of June,2009 ORDER This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure A1 complaint and Annexure A2 First Information Report registered by the Police, based on an order of the learned Magistrate for investigation under section 156(3) of the Code of Criminal Procedure, contending that no offence as alleged is made out in the complaint and therefore the proceedings is to be quashed. The Sub Inspector of Police, Thodupuzha who is investigating the case filed an affidavit stating that investigation revealed that no offence under section 420 IPC is made out and in view of the order of stay granted by this court no refer report could be filed. 2. On hearing the learned counsel and going through Annexure A1 complaint, it is clear that claim of the third respondent de facto complainant, is that he was cheated by failure to pay the amount by the petitioner pursuant to an agreement entered into. The ingredients of an offence under section 415 of Indian Crl.M.C.2172/2007 2 Penal Code is necessary to constitute an offence under section 420. The complaint does not reveal the ingredients constituting the offence. It is admitted by the Public Prosecutor also. In view of the submission of the learned Public Prosecutor that based on the investigation only a refer report could be filed, I do not find it necessary to quash the proceedings invoking the powers under section 482 of the Code of Criminal Procedure. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006