ORDER

The petitioners are accused in CC No. 1829/2016 on the file of the Judicial First Class Magistrate Court-III, Neyyattinkara. The above case is charge-sheeted alleging offence punishable under Sec. 420 r/w 34 IPC . The allegation levelled against the petitioners in the final report are to the effect that the accused had deceived the 2^nd respondent, after making her believe that they will bring her husband who had absconded on condition that she will sell 5 cents out of 35 cents of her property to the 2^nd petitioner. It is further alleged that despite registration of the sale deed, the petitioners had neither brought back the husband of the 2^nd respondent nor reconveyed the property and therefore, the petitioners committed the offence. According to the petitioners, even if the entire allegations are accepted, no offence is made out.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor. Even though notice is issued to the 2^nd respondent, there is no appearance.

3. The counsel for the petitioners submitted that even if the entire allegations are accepted, no offence is made out against the petitioners. The counsel submitted that the ingredients of Sec