RAJKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question the proceedings in C.C.No.3658/2020, pending on the file of the Civil Judge and JMFC, Devanahalli, Bengaluru, registered for the offences punishable under Sec. 370 of the IPC.

(2.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows: It is alleged that on 20/7/2019, when the Assistant Immigration Officer at Bangalore International Airport was on duty in the departure wing of the airport noticed 3 Indian nationals, who were intending to travel to Kaula Lampur by an Indigo flight. They were checked and questioned. While questioning it came to light that they were all traveling in a group and were accompanied by another passenger by name Rajkumar the petitioner. On further questioning, it is the case of the complainant that the passengers reveal the fact that they were being taken by the petitioner to Kula Lampur for employment purposes on tourist VISAs. It was also informed that the petitioner was introduced to them by another agent named Kiran, based in Amritsar. Few of the persons who were questioned also indicated that they have paid some amounts to Rajkumar and others. Based upon the aforesaid interrogation and incident, a complaint came to be registered against the petitioner for offence punishable under Sec. 370 of the IPC and the case is now C.C.No.3658/2020 for offence punishable under Sec. 370 of the IPC. Since the issue springs from the complaint, the complaint requires to be noticed:

(3.) If any further proceedings are permitted to be continued in the case at hand, it would become an abuse of the process of law and result in miscarriage of justice. It is settled principle that in the logical end, if the petitioner would be acquitted for want of evidence, that would be an appropriate case where this Court would in exercise of its inherent jurisdiction under Sec. 482 of Cr.P.C., obliterate such proceedings. The case at hand is one such case.