NILESH RAMACHANDRA JAPTHAP Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in C.C. No.279/2015 on the files of the Judicial First Class Magistrate's Court, Kalamassery, which arises out of Crime No.1047/2013 of Kalamassery Police Station. The offence alleged against the petitioner is under Sec. 419 of the Indian Penal Code, 1860 (for short 'IPC').

(2.) According to the prosecution, on 23/5/2013 the accused who hails from Mumbai, reached the villa complex of cricketer S.Sreesanth. After conveying to the security guard that he was from the Mumbai Police, accused entered the house of the cricketer and told his parents that he was a staff of the Board of Control for Cricket in India and thereby cheated the de facto complainant and committed the offence under Sec. 419 IPC.

(3.) Adv.Megha appearing on behalf Sri. Dheeraj Krishnan, the learned counsel for the petitioner contended that even if the allegations are admitted, it would not make out any offence under Sec. 419 IPC. It was submitted that in order to satisfy the requirements of the provision, petitioner ought to have cheated the defacto complainant and in the absence of any allegation to that effect, the offence cannot be attracted at all.