BABU CHAMUNNY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused in a prosecution and they face allegations under Sections 420 and 506 r/w. 34 I.P.C. Cognizance has been taken on the basis of the final report submitted by the police after due investigation. Investigation commenced with a private complaint filed by the defacto complainant before the learned Magistrate, which was referred to the police under Section 156(3) Cr.P.C.

(2.) The crux of the allegations against the petitioners is that they induced the complainant and his brother to part with an amount of Rs.80,000/- each promising to make an employment VISA available to the complainant. VISA was not made available nor was the amount returned. When return of the amount was claimed, the complainant and his brother were allegedly intimidated. Thus the crux of the allegations is that false representations were made to the complainant and his brother to induce them to part with an amount of Rs. 80,000/- with no intention whatsoever to make such VISA available to them. When the amount was demanded, they were intimidated also.

(3.) The petitioners have come to this Court with a prayer that powers under Section 482 Cr.P.C. may be invoked to quash the prosecution initiated against them. What is the reason? The only contention is that the allegations raised are false. At this stage exercising jurisdiction under Section 482 Cr.P.C. this Court cannot certainly be expected to resolve the disputed questions of fact. It cannot be said that the allegations, if accepted, do not constitute any criminal offence.