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Supreme Court of India 2023-05-03 allowed

PEETHAMBARAN vs STATE OF KERALA & ANR

Bench: 2 — Krishna Murari, Sanjay Karol

In Brief

The appellant was charged with cheating under Section 420 IPC for allegedly defrauding eight persons of approximately ₹3.83 lakh in exchange for securing jobs at Kottayam Rubber Board. The police filed a final report stating the case was false due to lack of evidence of financial transactions, but later the District Police Chief ordered further investigation, resulting in a second report. The High Court refused to quash the proceedings. The Supreme Court held that only a magistrate or higher court can order further investigation; police officers lack this authority. Since the evidence fell short of proving all essential ingredients of cheating—particularly false representation with prior knowledge and dishonest intent—the criminal proceedings were quashed and the appeal allowed.

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Criminal Procedure Cheating and Fraud Police Investigation Section 482 CrPC Quashing of FIR Judicial Review of Police Action

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