ANSAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused No.1 in Crime No.264 of 2008 of Vellayil Police Station, which is now pending as L.P.No.9 of 2014 before the Judicial First Class Magistrate Court-IV, Kozhikode. The aforesaid crime was registered alleging offences punishable under Sec. 420 of Indian Penal Code on the basis of a private complaint submitted by the 1st respondent herein.

(2.) The prosecution case is that the accused persons in furtherance of their common intention had induced the the 1st respondent/de facto complainant to deliver an amount of Rs.1,00,000.00 (Rupees one lakh only) by promising him to give visa and they later failed to do so. Annexure-1 is the final report. The accused Nos.2 and 3 have faced trial as C.C.No.45 of 2009 and it culminated in Annexure-2 judgment by which the Judicial First Class Magistrate Court-IV, Kozhikode acquitted all of them. This Crl.M.C. is filed for quashing all further proceedings pursuant thereto.

(3.) Heard Sri.Zubair Pulikkool, learned counsel for the petitioner, Sri.C.S.Hrithwik, learned Public Prosecutor for the State and Sri.Salmanul Fasil O.P, learned counsel for the 1st respondent.