U.GOPAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Instant writ appeal is filed against judgment dated 11.06.2019 in W.P.(C) No.1748 of 2019, by which the writ court declined to issue a writ of mandamus directing the Central Bureau of Investigation, respondent No.5 to take up further investigation.

(2.) Facts culled out from the material on record are that, a complaint was lodged on 12.11.2015 before Kayamkulam Police Station alleging that with intent to cheat and to obtain excess profit, the accused therein and others, by offering a job in 'Etisalat', a company in Adu Dhabi, and promising a salary of Rs.34,000/- per month, obtained Rs.20,000/- on 5.7.2015 and a further sum of Rs.80,000/- (Rs.1 lakh in total) on 6.7.2015 at Highness Tours and Travels situated opposite to MSM College, Kayamkulam, run by the accused therein and by not providing the job actually offered, alleged they had committed the offence of cheating.

(3.) After obtaining statement from the de facto complainant, the Sub Inspector of Police, Kayamkulam has registered a case on 12.11.2015 as Crime No.3753 of 2015 under Section 420 of the IPC and submitted the First Information Report to the court of competent jurisdiction and higher authorities. After investigation, a final report was laid on 15.10.2016 before the jurisdictional Magistrate alleging offences under Section 420 of the IPC and Section 26 of the Emigration Act, 1983.