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1985 Supreme(Ker) 374

PADMANABHAN
JOHNY JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Second accused in Crime No. 187/85 of the Aranmula Police Station, pending before the Judicial First Class Magistrate, Pathanamthitta is the petitioner. The prayer is to quash the proceedings invoking the inherent powers of this Court. Second respondent is the de facto complainant and third respondent is the first accused in that case. First respondent is the State of Kerala.

2. Alleging commission of an offence punishable under S.409 read with S.34 IPC., the 2nd respondent filed a private complaint before the Judicial First Class Magistrate, Pathanamthitta against the third respondent and petitioner. Husband of the 2nd respondent is employed in Tehran. On the basis of the visa sent by her husband and valid upto 6-1-1984 she wanted to go to Tehran. The gist of her allegations in the complaint are these. Third respondent, falsely claiming to be an authorised travel agent, approached her with an offer to arrange ticket and received Rs. 6,844/- on 7-10-1983. Instead of arranging ticket, he temporarily misappropriated the amount and converted it to his own use after falsely informing her that ticket has been arranged. Ticket was arranged only on 28-12-1983 and hence she w





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