GEORGE THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused 1 and 3 in CC No. 370/2009 on the file of the Judicial Magistrate of the First Class, Muvattupuzha has filed this petition seeking an order to quash Annexure A2 final report in exercise of the powers vested on this Court under S.482 of the Code of Criminal Procedure.

(2.) Going by Annexure A2 and Annexure A1, the complaint on the basis of which the case was registered and the final report filed after investigation, I find that the only allegation is that the accused persons who executed an agreement for sale in favour of the de facto complainant and obtained advance sale consideration failed to execute the sale deed and thereby committed offence under S.420 r/w. 34 of IPC. Failure to execute the sale deed in compliance to an agreement for sale would not constitute offence under S.420. Therefore, I find merit in this petition. There is no statement in the final report to send the petitioners or other accused for trial for offence under S.420 r/w 34 of IPC. Asking them to face trial would only be an abuse of process. Therefore, this is a fit case to invoke jurisdiction under S.482 of the Code of Criminal Procedure.