ASOKAN MUTHUSWAMI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 3 and 7 in a prosecution under Secs.420, 170, 179 and 120B of the IPC. Cognizance has been taken on the basis of a complaint dated 7/9/01. Investigation was initially conducted by the local police. Long later, the investigation was entrusted with the C.B.I. After completing the investigation, the C.B.I. has filed the final report implicating the petitioners as also the other accused. Cognizance was taken by the learned Chief Judicial Magistrate. The learned Chief Judicial Magistrate was seized of the matter as C.C.No.47/04.

(2.) There is another case connected to the present case. The crux of the allegations in these cases is that some accused persons misrepresented to be the officials of the C.B.I. and fraudulently induced the victim to part with an amount of Rs.32.85 lakhs as consideration for the sale of gold biscuits. Subsequently, it is alleged that some of those miscreants were kidnapped illegally, detained, tortured and one of them done to death by the victim in the present case. The case relating to the death of one of the kidnapped persons, kidnapping etc., was also investigated by the C.B.I. Final report has been filed in that case and the said case is now pending before the Special Court for CBI Cases as S.C.No.629/04.

(3.) On the eve of the day scheduled for commencement of the trial in S.C.No.629/04, one of the accused persons therein who is the victim in the present C.C.No.47/04 came before this Court and another Bench of this Court by order dated 8/8/06 in Crl.M.C. 2287/06 directed that C.C.No.47/04 be committed - obviously under Sec.323 of the IPC, to the Sessions Court (Special Judge for CBI Cases) before whom S.C.No.629/04 was pending. Accordingly, C.C.No.47/04 was committed to the Special Judge and the said case is now pending before the learned Sessions Court (Special Judge for C.B.I. Cases) as S.C.No.451/06.