IRUDAYARAJ Vs. MANOKARAI

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in C.C.No 32 of 2015 on the file of the learned Judicial Magistrate No.V, Madurai.

(2.) The learned counsel for the petitioners would submit that the offence is not made out as against the petitioners and the learned Magistrate ought not to have taken cognizance, since the power of attorney deed dated 19.08.1998 allegedly to have been created by the accused persons and registered before the Sub Registrar, Rameshwaram, whereas the complaint lodged before the learned Judicial Magistrate No.V, Madurai which has no jurisdiction to entertain the same. Therefore no cause of action arose within the jurisdiction of the learned Judicial Magistrate, Rameswaram to take cognizance.

(3.) According to the prosecution who executed power of attorney were not arrayed as accused , but simply stood as witness, which is fatal to the case of prosecution and it cannot be sustained as against the accused persons. He further submitted that when the wife of the complainant is a mentally retarded person and she is represented through her husband based on the power of attorney dated 10.06.2002 which was executed in his favour. When the wife of the defacto complainant is mentally retarded person the power of attorney is not valid in the eye of law and as such the defacto complainant has no locus as alleged in the complaint. Further the petitioners created forged power of attorney since the defacto complainant herself put her thumb impression in the power deed, therefore no offence under Sections 465,468,471 of IPC is made out as against the accused persons.