ANAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure.

(2.) The applicant herein is the 1 st accused in Crime No.153 of 2018 registered at the Kanjikkuzhy Police Station under Section 420 r/w. Section 34 of the Indian Penal Code.

(3.) In the complaint filed by the de facto complainant, which is produced as Annexure-A1, she alleges that her husband entered into a deed of exchange with the applicant herein as per which, 31.50 cents of property belonging to her was exchanged with 15 cents of property belonging to the applicant. This was in the year 2014 and a sum of Rs.10,000/- was handed over. Later, she is alleged to have realised that the applicant was not the owner in possession and title over the entire extent of property. Stating these allegations, a complaint was filed on 20.7.2018, based on which, the instant crime was registered.