Decided on March 15,2012

State of Uttaranchal and others Respondents


Barin Ghosh, C.J. - (1.) IN the First Information Report, which has been assailed in the present Application made under Section 482 of the Code of Criminal Procedure, it was alleged that the informant was made to believe by the applicant and another that they will arrange a safe passage of the informant to United States of America in consideration of payment of a sum of Rs. 7.75 lacs. It was alleged that the sum of Rs. 7.75 lacs was handed over by the informant to the applicant and another person, of which a sum of Rs. 2.50 lacs was handed over to the applicant. It was stated that the informant was thereupon made to undertake a journey to Bishkek, capital of Kyrgyzstan, where he remained for 7 months and there he obtained a Visa enabling him to reach United States of America. It was alleged that when he wanted to go to United States of America right from Bishkek, he was dissuaded by his lady employer and was made to return to India. It was alleged that when he returned to India, the Immigration Authorities found that the Visa for USA, as was stamped/endorsed on his passport, was not a genuine Visa. In the circumstances, the purpose of entrustment of Rs. 7.75 lacs with the applicant and the other person came to an end. The informant alleged that he asked for handing over of the said sum of Rs. 7.75 lacs. It was alleged that while the other person handed over Rs. 4 lacs, applicant handed over Rs. 1 lac and the remaining has not been handed over to him. In the circumstances, the First Information Report was lodged. Principally, on the ground that the case, as made out in the First Information Report, is a pure and simple civil case and does not disclose any ingredient of criminal liability, the present application under Section 482 of the Code was filed. While the present application was pending, applicant brought on record a judgment rendered by a competent court at Delhi in respect of the Visa for USA, as was endorsed on the passport of the informant. At the hearing of the application, it was submitted by the learned senior counsel that in addition to the fact that it was a pure and simple commercial matter, it is also evident now from the judgment rendered by the competent court at Delhi that according to the own showing of the informant, the US Visa was obtained by him from his employer at Bishkek. It was submitted that in those circumstances, no case can be said to have been made out, which may result in a punishment under Section 406 of the Indian Penal Code.
(2.) AT the stage of Section 482 of the Code, the Court can not go into the evidence, nor can weigh the evidence or shift the same. Though, apparently for the purpose of obtaining a passage to USA, according to the First Information Report, the sum of Rs. 7.75 lacs was made over to the applicant and to another person, the principal allegation in the First Information Report is that the reason for that entrustment failed and, accordingly, the applicant and the other person became obliged to hand over the deposit, thus made, by the informant. In the circumstances, it cannot be said that the First Information Report does not disclose a cognizable offence. In the circumstances, there is nothing further to be done in exercise of power under Section 482 of the Code in respect of the subject 'First Information Report'. The application is, accordingly, disposed of. The stay stands vacated.;

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