BINU MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the complainant in C.M.P.No.367 of 2024 pending on the files of the Additional Chief Judicial Magistrate Court, Ernakulam. The complaint is filed alleging commission of offences punishable under Ss. 120B, 381,408,419,420,465, 468 and 471 read with 34 of IPC by respondents 2 and 3. The averments in the complaint are to the following effect;

(2.) The complainant's father late B.Muhammed Khan is the founder of M/s.Palmshore Hotels Pvt.Ltd. (hereinafter described as 'the company'). After the death of complainant's mother, the 1st accused/2nd respondent, who was working in the company, developed a relationship with the complainant's father, which ultimately led to their marriage. Although complainant's father later dissolved his marital relationship with the 1st accused by pronouncing talak, she forged documents and made it appear that the complainant's father had re-married her on 12/10/2020. The 1st accused, by conspiring with the 2nd accused, created a false document showing the complainant's father to have transferred 1000 shares of M/s.Palmshore Hotels Pvt.Ltd to the 1st accused. While so, the complainant's father expired on 14/12/2020. Thereafter, on the strength of the forged documents, 1st accused attempted to induct her daughter and son-in-law as Directors of the company.

(3.) The grievance of the petitioner is that, instead of referring the complaint for investigation by the police under Sec. 156(3) of Cr.P.C., the court below, by Annexure B proceedings dtd. 15/2/2024, posted it for recording sworn statement of the complainant. Aggrieved, this Crl.M.C is filed.