MARIAMMA JOHN @ MERCY Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner is the first accused in the case C.C.No.378 of 2010 on the file of Court of the Judicial First Class Magistrate-III, Neyyattinkara.

(2.) The case was originally registered as Crime No.74/2010 of Vellarada police station against four persons for the offence punishable under Section 420 read with 34 I.P.C. The allegation in the case was that the accused therein obtained a total amount of Rs.3,95,000/- as deposit from the de facto complainant Varghese Mathew on behalf of Aiswarya Finance and that they did not return the amount to him and thereby cheated him.

(3.) After completing the investigation, the Sub Inspector of Police, Vellarada police station filed charge sheet in Crime No.74/2010 against three persons for the offence punishable under Section 420 read with 34 I.P.C. The petitioner herein was not made an accused in that charge sheet. Cognizance was taken by the learned Magistrate and the case was numbered as C.C.No.378/2010 on 08.06.2010.