RAJEEV P C Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for quashing Annexure-A1 first information report in Crime No.289/2018 of Kattoor police station and also Annexure-A3 report filed by the investigating officer in that case to incorporate the name of the petitioner as an accused in the case.

(2.) The case was registered on the basis of the statement given to the police by one Rajesh, the de facto complainant. The averments/allegations contained in the first information statement given by him to the police can be briefly stated as follows: The de facto complainant had subscribed to four kuries conducted by the company by name A Gainers Kuries (P) Ltd. He had subscribed to the kuries on the basis of the inducement made that he would get attractive discount and that the amount of the kuries shall be paid after the expiry of the period of the kuries. He had remitted a total amount of Rs.6,81,297/- in the kuries. When the period of one of the kuries expired on 15.03.2017, he met the directors of the company and asked them to pay the kuri amount but they did not pay the amount. The aforesaid company was closed. The directors of the company have cheated him.

(3.) Annexure-A1 FIR was registered against the first and the second accused, who were the Managing Director and the Executive Director of the kuri company, under Sections 420 and 406 read with 34 I.P.C. Subsequently, during the investigation of the case, Annexure-A3 report was filed by the investigating officer in the Magistrate's Court concerned incorporating the name of the petitioner as the third accused in the case.