M.MOHAMMED KUNHI Vs. STATE OF KERALA

JUDGEMENT

(1.) Sri.U.Raghavan, son of Kannan, Kunnummel, a retired teacher expired on 28/8/2003. He had 22 cents of land comprised in resurvey No. 291/3-C of Balla Village. Sale Deed No.359 of 2007 alienating the said property was executed on 5/7/2007 in the name of Sri.U.Raghavan. It was in favour of Smt.Gracy Jacob. Her husband is a witness in that document. Subsequently, the said property was alienated in favour of Sri.Muhammed Kunhi. He in turn executed sale deed No.4673 of 2009 on 30/10/2009 alienating the said 22 cents of land in favour of Sri.V.Hashim. Alleging that Sri.Mohammed Kunhi, knowing fully that the property belonging to Sri.U.Raghavan was got transferred by forging a sale deed by impersonation, he had executed sale deed in favour of Sri.V.Hashim and received an amount of Rs.22.00 lakhs. With the said allegations, Sri.V.Hashim filed a complaint before of the Judicial Magistrate of the First Class-I, Hosdurg alleging offences punishable under Ss. 419, 420, 465, 467, 468, 471 and 120B read with Sec. 34 of the Indian Penal Code, 1860 (IPC). The complaint was forwarded to the Hosdurg Police Station, which followed an investigation and filing of the final report against all the four persons aforementioned. On taking cognizance, all the four accused were summoned. The accused entered appearance and filed C.M.P.No.6734 of 2017 seeking discharge. That petition was dismissed by the court below as per the order dtd. 4/11/2018. The said order is under challenge in these revision petitions.

(2.) The 4th accused filed Crl.R.P.No.355 of 2019. Accused Nos.1 and 2 filed Crl.R.P.No.379 of 2019. Accused No.3 is no more.

(3.) Heard the respective counsel for the petitioners, learned Public Prosecutor and the learned counsel for the 2nd respondent/defacto complainant.