PEETHAMBARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave Granted. Two questions arise for consideration­ one, whether under the recognized parameters of exercise of power under Sec. 482, in the facts of the present case, the non­ exercise of power is justified and two, whether the District Police Chief, Kottayam could have ordered the further investigation pursuant to which the second final report was filed?

(2.) The instant appeal by special leave petition has been filed against an order of the High Court of Kerala passed in Crl. MC No. 6314 of 2018 dated 6th of November, 2019 whereby a prayer to exercise powers under Sec. 482, Code of Criminal Procedure, 1973 was disallowed and proceedings under Criminal Case No. 1326/2017 was found unfit to be quashed.

(3.) The Appellant has been charged under Sec. 420 of the Indian Penal Code, 1860, for having cheated, alongside accused no.1, now deceased, the de­facto complainant, namely Sunesh and seven other persons of a sum totaling three lakh eighty­three thousand five hundred and eighty­three rupees, in exchange for securing jobs for them or their wives at the Kottayam Rubber Board, as clerks.