JYOLSNA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a lady Advocate practising in various civil and criminal courts in Kannur and Thalassery and also a Notary Public, approaches this Court to quash the Final Report in C.C.No.851/2014 on the files of the Judicial First Class Magistrate Court-I, Kannur.

(2.) Annexure AI - private complaint preferred by the defacto complainant/additional second respondent herein was forwarded by the Magistrate for investigation under Sections 156(3) Cr.P.C. Prosecution case is that the property described in the complaint was sold by the first accused in favour of the third accused by forging a power of attorney alleged to have been executed by the defacto complainant in the name of her husband/first accused. The defacto complainant has got half right over the property. It is alleged in the complaint that there is some family irking in their marital life. Thereafter, without her knowledge the power of attorney was got executed whereby the power was granted to the first accused to transfer her rights in the property.

(3.) The petitioner herein has been arrayed as the second accused. Annexure-A3, FIR was registered against the three accused persons. On completion of the investigation, Annexure- A6 Final Report was filed. It is alleged in the charge that on 27.07.2011 in Room No.53 of Kannur Stadium Complex in the office of the petitioner/second accused, first accused created a power of attorney authorising the sale of a flat owned by the first accused and the defacto complainant in Thane, Mumbai, without the knowledge of the defacto complainant with the aid of the second accused and using the forged power of attorney as original, the first accused sold the flat in Mumbai and thereby cheated the defacto complainant. Hence, accused persons committed offences punishable under Sections 463, 464, 465, 467, 468, 471, 472 and 474 r/w. 34 IPC.