KURIAN Vs. JOSEPH

JUDGEMENT

(1.) The petitioner is the complainant. Respondents 1 to 4 are the persons arrayed as accused in the complaint filed by him in the Court of the Chief Judicial Magistrate, Thodupuzha.

(2.) Respondents 1 to 4 shall be hereinafter referred to as the accused. The first accused is the brother of the complainant. The second accused is the wife of the first accused.

(3.) The complainant had executed a power of attorney in favour of the first accused authorising him to deal with his property. The first accused executed a sale deed in favour of the second accused in respect of the property owned by the complainant by using the power of attorney. The crux of the allegations in the complaint is that, in that sale deed, instead of affixing the thumb impression and the photograph of the complainant, the thumb impression and the photograph of another person were affixed and impersonation was committed. The third accused is said to be the person who prepared the sale deed and the fourth accused is the scribe of the document. On the basis of these allegations, the offences punishable under Sections 419 and 420 read with 34 I.P.C and also under Section 82 of the Registration Act, 1908 were alleged against the accused.