RASIYA W/O.HAMSAKUTTY Vs. ABOOBACKER @ ABU HAJI

JUDGEMENT

(1.) PETITIONER has filed a complaint before the Judicial First Class Magistrate, Mannarkkad, against two the relatives of her husband, the first and second respondent herein, alleging that forging a false document, a power of attorney, as if it had been executed by her at a place in Gulf country, the first respondent had conveyed an immovable property belonging to her fraudulently registering a sale deed in favour of the second respondent.

(2.) THAT complaint was referred to police for investigation and report by the Magistrate under Section 156(3) of the Code of Criminal Procedure (for short the 'Code'). The investigation led to filing of Ext.P5 report that no criminal offence is disclosed and the dispute canvassed is only of a civil nature. Petitioner submits that she did not get any notice of the report filed before the Court by the investigating officer, and further proceedings, if any, taken in the matter by the Magistrate. Her enquiry has revealed that the power of attorney which was falsely forged into existence by the accused persons allegedly at Abudhabi was never signed and executed at the Consulate as shown in that document.

(3.) IN exercise of the extraordinary jurisdiction, this court it cannot be expected to go into disputed questions canvassed of as to whether the power of attorney was actually executed or not and, further, whether it had been forged by the accused persons as alleged by the petitioner. Leaving the petitioner to take appropriate steps as provided by law, if so advised, if at all she has no objection to the Ext.P5 report, the petition is closed.