SALEENA ARAFA ISMAIL Vs. SALIM MEERA SAHIB

JUDGEMENT

(1.) The petitioners are accused 1 & 2 and they are wife and mother respectively of the 3rd accused, a person employed abroad. They face indictment under Section 420 read with 34 I.P.C along with the 3rd accused.

(2.) The crux of the allegations in the complaint is that all the accused entered into a criminal conspiracy to defraud the complainant. In pursuance of that conspiracy, the petitioners herein allegedly induced the complainant to part with an amount of Rs.70,000/-. Accordingly, the complainant allegedly paid an amount of Rs.50,000/- to the 1st accused. From that fifty thousand rupees, Rs.25,000/- each on two occasions, were allegedly delivered as instructed by the 3rd accused to other witnesses. Ultimately the petitioner was shown a visa. He travelled to the place of employment abroad on the strength of that visa. It was found that, that visa was forged and he could not secure the employment stated in the said visa. It is the allegation of the complainant that all the 3 accused had entered into a criminal conspiracy and had acted in pursuance of that conspiracy and had induced the complainant to part with money on the basis of such false representations made by them.

(3.) The complaint filed by the complainant was taken on file. Process was issued against all the 3 accused. They all entered appearance. The petitioners are appearing before the learned Magistrate scrupulously on all dates of posting. The trial has not made any head way. In these circumstances, the petitioners have come to this Court with this prayer to quash the proceedings against them.