P.V. VINOD KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Cr.P.C.

(2.) The applicant herein, who is the Sub Registrar of the Taliparamba Sub Registry, has been arrayed as the 7th accused in Crime No.259 of 2018 registered at the Taliparamba Police Station, under Sections 419, 468 and 471 and under Section 120 B of the IPC.

(3.) The accused Nos. 1 and 2 in the Crime are engaged in real estate business. The de facto complainant, a lady in her 60's, is the absolute owner in title and possession of property having an extent of 7.250 acres of land situated at Taliparamba. She was on the look out for prospective purchasers. Her cousin brother, one Nellimoottil Joseph, was also having substantial extent of property lying adjacent to her property. The accused Nos.1 and 2 are alleged to have approached the de facto complainant and her cousin brother, and offered to purchase their property. They had a negotiation and a memorandum of understanding was arrived at between the parties on 16.3.2017. The accused Nos. 1 and 2 agreed to purchase the property for a consideration of Rs. 60,000/- per cent. Insofar as the property of Nellimoottil Joseph was concerned, the consideration was fixed at Rs. 50,000/-. The understanding between the parties was that the sale deed would be executed and registered within a period of ten months. Specific stipulations were made with regard to transfer of consideration. A sum of Rs. 25 lakhs was initially handed over to the de facto complainant towards part of sale consideration. The balance payment was to be affected at a later stage. However, the parties did not take any steps to pay the balance of the sale consideration or get the sale deed registered. While so, the de facto complainant applied for obtaining an encumbrance certificate from the office of the Sub Registrar, Taliparamba. She was shocked to realise that her properties had been assigned as per three sale deeds without her knowledge. The applicant herein was functioning as the Sub Registrar. The specific allegation is that accused Nos.1 and 2 conspired with the rest of the accused, produced impersonators before the applicant herein and fraudulently got the assignment deeds registered in their favour.