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Judgment
The petitioner herein is the 2nd accused in C.C. No.2100/2013 of Judicial First Class Magistrate Court, Vatakara arising from Crime No.235/2007 of Vatakara Police Station for offences punishable under Sections 420, 468 and 471 of IPC. He is a passport holder and for the purpose of stamping visa on the basis a job opportunity which was offered to him, he required the emigration clearance, issued only to persons holding SSLC pass. He entrusted the matter with a travel agent who is stated to have manipulated certain documents and got clearance on ECNR status (Emigration Clearance not required).
The contention of the petitioner herein is that, he was not aware of the fraud played by the travel agency and he has been duped by them. To substantiate it, the learned counsel referred to the statement given by the officer of the Emigration Department as CW1. Essentially, whether the petitioner herein had a culpable intention to commit crime is a mater to be gathered from the materials collected in evidence and attending circumstances. It is beyond the scope of a proceeding under Section 482 Cr.P.C. Hence, I am not inclined to invoke the jurisdiction. In the result, Crl.M.C. fails and is dismissed reserving the right of the petitioner to urge all the above contentions before the court below and even to seek discharge, if that stage has not reached.