SINDHYA STANLEY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 2nd accused in a prosecution under Secs.406 and 420 read with Sec.34 of the IPC. Altogether there are two accused persons. The crux of the allegations is that a document entrusted by the complainant with the 1st accused has been misappropriated by both the accused persons in collusion to enable the 2nd accused to stake a false claim against the complainant. The entrusted document has been converted to a use which was not contemplated at the time of entrustment for the purpose of illegal enrichment of the accused persons. This, in short, is the allegation.

(2.) Proceedings were initiated on the basis of a private complaint filed by the complainant which was referred to the police by the learned Magistrate. Investigation is complete. Final report has already been filed. Cognizance has been taken.

(3.) The petitioner/2nd accused alone has rushed to this Court at this stage. She - a woman, complains that amounts were due from the 1st accused - a banker, to the petitioner and that there was a sub-mortgage created in her favour by the 1st accused of the property mortgaged to the 1st accused. It is contended that there is a document executed by the complainant which would indicate that such sub-mortgage was in the contemplation of the parties when the 1st accused and the de facto complainant entered into the transaction.