ALEXANDER Vs. STATE OF TAMIL NADU; KOUSAR PARVIN

JUDGEMENT

(1.) This petition has been filed to call for the records relating to the proceedings in C.C.No.5150, now, pending on the file of the Judicial Magistrate-cum-Land Grabbing Special Court III, Chennai and to quash the same.

(2.) Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent State.

(3.) The property in question, originally belonged to one Shek Abdul Majith, who had given it as collateral security to Punjab National Bank. Shek Abdul Majith died on 21.01.1993. He is now survived by Kousar Parvin, the de facto complainant. The de facto complainant, after discharging the liability to the Punjab National Bank, approached the Bank for return of original title documents of the property. At that time, the officials of the Punjab National Bank told her that the original title deeds of the property are missing. This arose suspicion in her mind and when she applied for Encumbrance Certificate for the property, she was shocked to find that a power of attorney has been executed on 08.01.2003 allegedly by her deceased father Shek Abdul Majith, in favour of Lingam (A1). This document has been registered as document No.13 of 2003.