PERUMPALLIPAD PAYYURIL HYDRU HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused 1 to 3 in C.C. No. 116/2009 on the file of Judicial First Class Magistrate's Court-IV, Kozhikode, taken cognizance for the offences under Sections 465, 467, 471 and 120B read with Section 34 of Indian Penal Code on Annexure-1 complaint filed by the second Respondent, evidenced by Annexure-19 proceeding paper. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that ingredients of any of the offences is not attracted against the Petitioners and therefore, continuation of the proceedings is only an abuse of process of the court.

(2.) Learned senior counsel appearing for the Petitioners and learned senior counsel appearing for the second Respondent were heard.

(3.) It is alleged in Annexure-1 complaint filed by the second Respondent that as per Document Nos. 437/1980 and 220/1980 of S.R.O., Chevayur, 62 cents of property in R.S. No. 5/3C of Kottooli Village was purchased by the second Respondent from one Pattiyeri Narendran and subsequently, 32.30 cents, out of the said 62 cents, was sold in favour of Khader Kunhimohammed as per Document Nos. 3625/1994 and 6156/1994. Later, by Sale Deed No. 4993/2004, rights of Khader Kunhimohammed was purchased by Petitioners 2 and 3.29.70 cents, being the balance extent of 62 cents, continues to be in the possession of the second Respondent and second Respondent is the absolute owner in possession of the said property. It is contended that when possession certificate was applied for, the Village Officer did not grant it and ultimately, as directed by this Court in Annexure-13 judgment, under Annexure-15 proceedings, finding that second Respondent is the owner in possession of 29.70 cents, possession certificate was granted to him. It is contended that Petitioners and fourth accused, who have no right over the said 29.70 cents of property, created false Document Nos. 3944/2002 and 5686/2004, whereunder, the rights claimed by Abdulla, Mammu Haji and Safiya from the fourth accused by Document No. 3944/2002 was transferred in their favour and these documents are forged documents and were created for cheating the second Respondent and to claim 29.70 cents of property belonging to the second Respondent and those documents were used as genuine, with the knowledge that they are not genuine, to claim right and thereby the offences were committed.