RADHAKRISHNAN Vs. S.I. OF POLICE

JUDGEMENT

(1.) The petitioner is the sole accused in the case registered as Crime No.900/2017 of the Pandalam police station under Sections 406, 420 and 506 of the Indian Penal Code. The petitioner seeks to quash the proceedings initiated against him, by invoking the power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

(2.) The case against the petitioner is registered on the basis of the first information statement given to the police by the third respondent. The material averments in that statement are the following: The husband of the third respondent died in the year 2013. He had obtained a loan of Rs.65,000/- from the petitioner in the year 2004 by giving his property having an extent of five cents with the house therein as security. There was an agreement between the petitioner and the husband of the third respondent that on repayment of the amount of Rs.65,000/-, the aforesaid property shall be given back by the petitioner. The husband of the third respondent repaid the amount of Rs.65,000/- to the petitioner but he did not reconvey the property to him. The agreement was renewed twice between them. Though a total amount of Rs.2,10,000/- was paid to the petitioner by the husband of the third respondent, the property was not re-assigned in his name. The petitioner has misappropriated the amount and cheated the third respondent and her husband. Before the death of her husband, the third respondent had talked with the petitioner with regard to the matter. Then, the petitioner threatened her that he would kill her and her daughter.

(3.) After completing the investigation of the case, the police has filed chargesheet against the petitioner (Annexure-9) for the offences punishable under Sections 406, 420 and 506(i) I.P.C and it has been taken on file by the Court of the Judicial First Class Magistrate, Adoor as C.C.No.2691/2017.