KANMANI RAJA Vs. STATE

JUDGEMENT

(1.) LEARNED counsel for he petitioners submits that he is not pressing this petition insofar as petitioners land 2 are concerned. He has also made an endorsement in the bundle to that effect. In view of he same, this petition in respect of petitioners land 2/A2 and A3 are dismissed as not pressed.

(2.) IT is submitted by the learned counsel for the petitioners that the petitioners have been implicated for the alleged offence under Section 506 (ii) of IPC alone. IT is also submitted by the learned counsel for the petitioners that there is an allegation to the effect of cheating under Section 420 of IPC only against A1 to A3. Learned counsel for the petitioners further submits that as far as petitioners 3 and 4 are concerned, there is only a vague and bald allegation of threatening made against them and as such they are entitled to the relief of quashing the first information report. He also submitted that the third petitioner, viz., A4 is going to be appointed as a Government Teacher and due to the pending of the first information report, she has been put into great hardship and irreparable loss.

(3.) A perusal of the first information report discloses that there is a definite and specific allegation levelled only against A1 and other accused, viz., A2 and A3 to some extent. It is seen that specific allegation of cheating is made only against A1. A1 is said to have received a sum of Rs.41,000/- from the defector complainant. The defector complainant by pledging her five sovereign jewels for Rs.11,000/- including a cash of a sum of Rs.30,000/- totalling to Rs.41,000/- paid to A1 but he has not returned the said amount. When the defacto complainant, went to A1 and demanded to return her amount, instead of retuning the amount, she was abused and threatened by the other accused A perusal of the first information report further discloses that there is no definite and specific allegation leveled against petitioners 3 and 4, who are arrayed as A4 and A5 in this case and there is only a vague and bald allegation.