SRINIVAS Vs. SHANTHA KUMARI

JUDGEMENT

(1.) Private complaint under Sec. 200 of Cr.P.C., was filed by respondents No.2 and 3 alleging that the accused No.1 who used to manage the subject properties created two gift deeds dtd. 28/1/2002 and a relinquishment deed dtd. 18/1/2011 alleging to have been executed by his father in favour of the accused No.1 and witnessed by accused No.3 and 4 purportedly to show that the daughters have waived their rights over the subject properties and by creating the said documents and by pledging the same in the bank have raised the loan amount.

(2.) The complaint was referred to the Police for investigation under Sec. 156(3) of Cr.P.C. The Police after investigation submitted the charge sheet for the offence punishable under Ss. 120B, 465, 468, 471, 420 r/w Sec. 34 of IPC. Taking exception of the same, petitioner-accused No.3 is before this Court.

(3.) Learned counsel appearing for the petitioner-accused No.3 submits, the only allegation against that the petitioner- accused No.3 is that he witnessed the documents fully knowing that the said documents were created by the accused No.1 and prepared by the accused No.5. Hence, he submits that, in the absence of any corroborative material that, the petitioner- accused No.3 fully aware that the documents have been created the charge sheet filed against the petitioner-accused No.3 is without any substance.