ACHAMMA JOHN Vs. ANUPAMA ELIZEBATH

JUDGEMENT

(1.) The petitioner herein was the revision petitioner and the respondents I and 2 herein were the respondents, in that order, in Crl.R.P. No. 37/06 which was dismissed by the Court of Session, Kozhikode as per order dated 7.6.06. The said revision was filed against the order of dismissal of C.M.P. No. 4615/05 by the Judicial First Class Magistrate Court:- 1. Kozhikode under Section 203 of the Code of Criminal Procedure, hereinafter referred for brevity "the Code' only.

(2.) The incontrovertible factual position needs narration in the light of the rival contentions to be set out hereinafter. One Mr. P.V, John, who was a Senior Operator in the Indian Oil Corporation Ltd., died on right to receive death benefits due from the Indian Oil Corporation Ltd.., claiming the status of the legally wedded wife of the said Sri. P.V. John. The Is respondent resisted it and consequently, to redress the grievance, she instituted a civil suit and the same is pending before the Munsiff Court, Kozhikode.

(3.) However, the schism in regard to the heritable properties made the petitioner to file Annexure-A complaint before the Judicial First Class Magistrate Court-1, Kozhikode and the same was received oh the file as CMP. No. 4615/05, According to her, the said Sri, P.V. John married her on 12.1.03, after &e death of his wife Smt. TV, Mary The factum of their marriage is admittedly known to the 1st respondent, daughter through the said T.V. Mary, The respondents 1 and 2 colluded and misappropriated the heritable properties and the 1st respondent had committed breach of trust by denying her due share over them. It is further averred that the 1st respondent transferred the aforesaid 1000 shares to the 2nd respondent using her capacity as nominee besides withdrawing the deposits of the said Sri. P.V. John from his account maintained in the Mananchira Branch of the State bank of India, without the petitioner's knowledge and consent. Despite the receipt of lawyer notice, the 1st respondent is not willing to give the petitioner her due share over them. The respondents 1 and 2 herein have thus committed offences punishable under Sections 406, 417, 420, 120(B) read with 34 of the I.P.C. It was raising the said allegations that she filed Annexure-A complaint.