T.LAWRENCE Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the final report filed against the petitioner in C.C.No.1411 of 2019 on the file of the learned Judicial Magistrate, Special Court for Land Grabbing Cases at Tirunelveli. The petitioner is arrayed as second accused in the final report for the offence under Ss. 406, 465, 467, 468, 471, 420 r/w 34 of I.P.C.

(2.) The crux of the allegation in the final report is that the defacto complainant is the owner of the property in various survey numbers and he has executed a Power of Attorney in favour of the first accused. However, the first accused has sold an extent of 21 acres and 31 cents and he has not paid the amount to the principal. Hence, the final report has been filed.

(3.) The second respondent / defacto complainant has also filed a counter affidavit opposing the quash petition. In paragraph No.6, it is admitted that the Power of Attorney was executed in favour of the first accused. Since it is an unregistered Power of Attorney, there is no need to cancel. It is further stated that even if the unregistered Power of Attorney Deed is produced at the time of registration of the document, the Registering Authority will have to ascertain the truth of execution only after the principal is produced before him for enquiry. Hence, opposed the quash petition.