DR. HAZEEB RAHMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Crime No. 1564/2016 of-Kalamasseiy Police Station for offences punishable under sections 370, 406 and 420, I.P.C. and section 10 of the Emigration Act, is the petitioner herein.

(2.) The 3rd respondent who is the de facto complainant alleged that the petitioner herein offered employment to her and her husband as Doctors in a hospital established by him in the Republic of Congo. They were engaged in the hospital from 30.5.2015 till May 2016. It was alleged that the petitioner failed to secure necessary licence to enable the de facto complainant and her husband to practice medicine at the place abroad as promised. They were not paid the promised salary of Rs. 8 lakhs per month and allowances. A total sum of Rs. 35,51,856/- was due to the couple from the petitioner herein. It was further alleged that by offering employment and taking them abroad without valid registration under the Emigration Act, the petitioner committed the offence of man power recruiting. Pursuant to the crime registered, investigation commenced.

(3.) Contending that the petitioner herein is innocent and that the offences alleged against him are not made out and further that the registration of the crime is an abuse of process of law, the petitioner has approached this Court with a prayer to quash the criminal proceedings.