MOHAMMED MUSTAK Vs. SANTA GOPINATHAN NAIR

JUDGEMENT

(1.) The petitioners are accused 1 to 3 in a prosecution initiated on the basis of a private complaint filed by the 1st respondent. The offences alleged are under Secs.120B, 192, 209, 323, 340, 356, 403 and 448 read with Sec.34 of the IPC. The crux of the allegations against the petitioners - three in number, is that on 29/3/2000 they trespassed into the residential house of the 1st respondent/complainant and indulged in wanton acts of violence and mischief. It is alleged specifically that the 1st respondent/complainant was compelled to sign six blank cheques and part with possession of those cheques. The petitioners have subsequently misutilised two of the said six cheques, it is alleged.

(2.) A complaint, alleging commission of the offences, was allegedly filed before the police on 16/6/2000. There is nothing to show that such a complaint has been filed. As the police did not allegedly take any action on the basis of such alleged complaint, the present complaint was filed before the learned Magistrate on 8/1/2001. Cognizance was taken on the basis of the said complaint.

(3.) The petitioners have come to this Court with a prayer that powers under Sec.482 of the Cr.P.C. may be invoked to prematurely terminate the proceedings against the petitioners. The complaint is false. It is made with ulterior and oblique motive. If the complaint/prosecution were permitted to continue, it would result in failure/miscarriage of justice. The respondent's transparent attempt is to abuse the process of the court. In these circumstances, the complaint may be quashed, it is prayed.