BINDU SANTHAKUMARAN Vs. SIVADASAN S/O. KESAVA PANIKAR

JUDGEMENT

(1.) 2nd accused in C.C. No. 892 of 2012 on the file of the Judicial First Class Magistrate Court, Alathur is the petitioner. She along with other accused are charged for offences punishable under Sections 418, 419, 420, 463, 464 and 468 read with Section 34 of the Indian Penal Code. Annexure-A is the private complaint. 1st respondent/complainant is the brother of the 1st accused. Petitioner (2nd accused) is the wife of 1st accused.

(2.) Gist of the allegations in the complaint is that the family properties belonging to the complainant and 1st accused were partitioned in the year 1992 by a registered document. Certain properties were kept in common. When the complainant demanded partition of the properties kept in common, other sharers were not amenable. Hence he filed O.S. No. 194 of 2005 before the Munsiff's Court, Chittur, for partition of the properties. Suit was decreed. Later, it was understood that the 1st accused had forged a power of attorney and so made it purported to have been executed by the complainant in the year 2005. By using that document in the year 2011 the property belonging to the complainant was transferred in the name of the petitioner. With these allegations, the complaint was preferred.

(3.) Heard the learned counsel for the petitioner and the 1st respondent/defacto complainant. Learned Public Prosecutor is also heard.