GHULAM MOHAMMAD PAYER Vs. AMANULLA KHAN

JUDGEMENT

(1.) The petitioner through the medium of present petition has challenged complaint filed by the respondent against him for commission of offences under Sec. 420, 506 IPC which is stated to be pending before the Court of Judicial Magistrate 1st Class/Sub Judge, Kupwara (herein after referred to as "the trial Magistrate").

(2.) As per the contents of the impugned complaint the petitioner represented himself to be a worker of BJP and in the month of May, 2020 he approached the respondent and asked for a list of his un-employed relatives assuring him that they would be appointed as Class IV employees in Central Government Departments under a scheme meant for the party workers. It is further alleged in the impugned complaint that from May, 2020 to September, 2020, the respondents after collecting an amount of Rs.18,58,000.00 (Rupees eighteen lacs and fifty eight thousand) from his relatives, handed over the same to the petitioner against proper receipt. The respondent is stated to have transferred further sum of Rs.20,000.00 (Rupees twenty thousand) to the account of the petitioner. It is alleged in the complaint that even after lapse of two years, the petitioner/accused has not employed the respondent or any of his relatives and in this manner he has been duped by the petitioner.

(3.) It seems that the learned trial Magistrate, after recording preliminary evidence of the complainant, took cognizance of the offences and vide order dtd. 17/7/2023 issued process against the petitioner after drawing satisfaction that offences under Sec. 420, 506 IPC are prima facie made against the petitioner.