IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Crl.MC.No. 4068 of 2005() ------------------------- CC.683/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT -I, ALAPPUZHA .................... PETITIONERS/ACCUSED: -------------------- 1. MICHLE, AGED 37 YEARS, S/O.JOHN PRESENTATION, THAYYIL HOUSE, KUTHIAPANTHY WARD, NEAR VADAPOZHI BRIDGE, ALAPPUZHA. 2. WILFRED @ JOHNY, AGED 36 YEARS, S/O.JOHN PRESENTATION, THAYYIL HOUSE, KUTHIRAPANTHY WARD, NEAR VADPOZHI BRIDGE, ALAPPUZHA. 3. JESSY JOHN, AGED 45 YEARS, D/O.JOHN PRESENTATION, THAYYIL HOUSE, KUTHIRAPANTHI WARD, NEAR VADAPOZHI BRIDGE, ALAPPUZHA. 4. AUGUSTINE, AGED 31 YEARS, D/O.JOHN PRESENTATION, THAYYIL HOUSE, KUTHIRAPANTHY WARD, NEAR VADAPOZHI BRIDGE, ALAPPUZHA. 5. ALICE JOHN, AGED 78 YEARS, W/O.JOHN PRESENTATION, THAYYIL HOUSE, KUTHIRAPANTHY WARD, NEAR VADAPOZHI BRIDGE, ALAPPUZHA. BY ADV. SRI.K.V.SABU SMT.LEGITHA D'CRUZ (CNTD....) Crl.MC.No. 4068 of 2005() -2- RESPONDENTS/COMPLAINANT AND STATE: ----------------------------------------------- 1. FRANCIS, S/O.VINCENT, AGED 31 YEARS, PANACKAL HOUSE, NEAR ORUMASSERY CONVENT, IST WARD, KADAKKARAPPALLY PANCHAYATH, THAIKKAL PO, OTTAVASSERY, CHERTHALA, ALAPPUZHA DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.S.SANAL KUMAR FOR R1 PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/09/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J. ============== Crl.M.C.No. 4068 of 2005 ==================== Dated this the 1st day of September, 2008. O R D E R The accused in C.C.No.683/05 on the files of Judicial First Class Magistrate Court-I, Alappuzha are the petitioners herein. They filed this petition under Section 482 Cr.P.C to quash the proceedings in C.C.No.683/2005. 2. Charges are now laid as per Annexure A2 charge sheet against the accused for the offence punishable under Section 420 r/w 34 IPC. The gist of the charge sheet is that the accused had with an intention to cheat CW1 and to cause wrongful loss to him and make wrongful gain to himself, obtained an amount of Rs.25,000/- from him and from CWs 3 to 5, promising that, sister of CW1 and the children of CWs 3 to 5 will be given a job in a residential school conducted by the 1st accused in Andra Pradesh. Accordingly, the sister of CW1 and the children of CW3 to 5 were made to work as teachers in the said school run by the 1st accused during the period 2003-04. There is a specific allegation that an amount of Rs.25,000/- was collected from each one of them on the promise that they will be given a job. Crl.M.C.No. 4068 of 2008 2 3. Having perused Annexure A2 charge sheet, I am of the view that no grounds have been made out to interfere with the proceedings in C.C.No.683/2005 in exercise of the jurisdiction of this Court under Section 482 Cr.P.C. It is always open to the petitioner to seek a discharge. In such circumstances, the Crl.M.C. is dismissed. V.GIRI, JUDGE bkn/-