SUGUNAN THAMPI Vs. MANI

JUDGEMENT

(1.) Petitioners 1 to 3 are the brothers of the 4th petitioner. The first respondent is the husband of the 4th petitioner. The 4th petitioner is a teacher. The first respondent married the 4th petitioner on 30/12/1988. On 26/03/1990, the first respondent executed Annexure A3 gift deed (Document No. 350/90) in favour of the 4th petitioner. Later the relationship between the 4th petitioner and the first respondent was got strained and they have now been residing separate and proceedings are pending before the Family Court, for dissolution of marriage.

(2.) Alleging that the petitioners committed theft of Annexure A3 gift deed on 02/07/2002 from the house of the 1st respondent, a complaint was filed before the Judicial First Class Magistrate Court, Paravoor. The learned Magistrate referred the same under S.156(3) of the Code of Criminal Procedure to the Sub Inspector of Police. A case was registered and after the investigation the police filed a refer report before the learned Magistrate. Protesting against the final report filed by the Police, the first respondent preferred Annexure A1 complaint on 25/02/2003 before the Judicial First Class Magistrate Court, Paravoor. The learned Magistrate took cognizance for offence under S.451 and 380 IPC and issued process as evidenced by Annexure A2.

(3.) Seeking an order to quash Annexure A1, this petition was filed under S.482 of the Code of Criminal Procedure.