ANEEP KUMAR Vs. JOSE

JUDGEMENT

(1.) The petitioner is the second accused in the case C.C.No.2428/2012 pending on the file of the Court of the Judicial First Class Magistrate, Irinjalakkuda. The allegation against him is that he committed the offences punishable under Sections 406 and 420 read with 34 I.P.C. The petition is filed by him to quash Annexure-A charge sheet and all further proceedings based on it pending against him in the court, 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 prosecution case is as follows: The first accused Shabeer Ali was conducting an institution by name 'On Board Aviation Academy' offering courses to get jobs as Air Hostess, Cabin Crew, Airport Ground Handling etc. The institution conducted by the first accused had no licence or permission obtained from the government. But, the accused made the students to believe that it was an institution recognised by the government and that the institution had got tie-up with airports at Dubai, Singapore and Malaysia and that practical training would be given at the Cochin International Airport at Nedumbassery for one day every week and also at the airports in Dubai, Singapore and Malaysia and after completing the course, the students would be given job in any of those airports. The first accused obtained an amount of Rs.63,500/- from the daughter of the de facto complainant. He also obtained a total amount of Rs.57,62,500/- from other students. He took 26 students to Malaysia promising that they would be given practical training at the airport. But, leaving the students there, he left Malaysia. The first accused did not return the amount obtained by him from the students. Therefore, the accused have committed the offences punishable under Sections 406 and 420 read with 34 I.P.C.

(3.) The case against the accused was registered on the basis of the first information statement given to the police by the first respondent, who is the father of a student by name Amrutha. After completing the investigation of the case, the police filed charge sheet against the accused for the offences mentioned above. Learned Magistrate took cognizance of the offences and the case was taken on file as C.C.No.2428/2012.