Sasidharan K vs State Of Kerala
2021 Latest Caselaw 3512 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                    Crl.MC.No.4094 OF 2018(B)

 AGAINST THE ORDER/JUDGMENT IN CC 449/2018 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -II, KANNUR

     CRIME NO.975/2017 OF VALAPPATANAM POLICE STATION, KANNUR

PETITIONERS/ACCUSED:
       1     SASIDHARAN K.,
             S/O.NARAYANAN, AGED 64 YEARS, PENSIONER,
             RESIDING AT KRISHNA NIVAS, KOTTALI,
             PUZHATHI AMSOM,KANNUR TALUK, KANNUR DISTRICT.

      2      MULIYAN SUJATHA,
             D/O.KALASAKKARAN KRISHNAN, AGED 56 YEARS,NO
             OCCUPATION, RESIDING AT PARASSINIKKADAVU, ANDOOR
             AMSOM DESOM, PARASSINIKKADAVU P.O., KANNUR.

      3      MANOHARAN P.M.
             S/O.P.M.ANANDAN MADAYAN, AGED 64 YEARS,RESIDING AT
             PARASSINIKKADAVU, ANDOOR AMSOM DESOM,
             PARASSINIKKADAVU P.O., KANNUR.

      4      VINIL P.M.ALIAS VINIL MANOHARAN,
             S/O.MULIYAN SUJATHA, AGED 25 YEARS,STUDENT, RESIDING
             AT PARASSINIKKADAVU, ANDOOR AMSOM DESOM,
             PARASSINIKKADAVU P.O., KANNUR.

             BY ADV. SRI.MAHESH V RAMAKRISHNAN

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM- 682 031.

      2      KALASAKKARAN KRISHNAN
             S/O.MADHAVI, AGED 81 YEARS, PENSIONER,RESIDING AT
             KRISHNAS, PAZHANCHIRA,
             PAPPINISSERI AMSOM,DESOM, KANNUR- 670 561.

             R1-2 BY ADV. SRI.P.U.SHAILAJAN
             P.P.SRI.RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD           ON
01.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.4094 OF 2018(B)        2




                              ORDER

In connection with execution of an

agreement for sale with respect to the property

of defacto complainant and the residential

house therein, a crime was registered on the

allegation of offence under Sections

420,406,120(b),468,471 r/w 34 IPC. After

investigation final report was also submitted.

Accused Nos. 2 to 4 are the near relatives of

the defacto complainant. The allegation is

that they colluded together with accused No.1,

a close associate, for the purpose of

fabricating an agreement for sale as that of

the defacto complainant. After investigation,

final report was submitted. During the course

of investigation accused No.1 passed away. But

that will not absolve the other accused from

the criminal liability. No sufficient reason

much less any reason brought to the notice of

this court so as to exercise the power under

Section 482 Cr.P.C. Hence, Crl.M.C. is

dismissed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

MSP

APPENDIX PETITIONER'S/S ANNEXURES:

ANNEXURE A1: CERTIFIED COPY OF THE FIR IN CRIME NO.975/2017 OF THE VALAPATTANAM POLICE STATION.

ANNEXURE A2: CERTIFIED COPY OF THE CHARGE SHEET DATED 26.03.2018 WAS FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KANNUR.

ANNEXURE A3: TRUE COPY OF THE OF REGD SETTLEMENT GIFT DEED NO.476 OF 2015, S.R.O., KALLIASSERI.

ANNEXURE A4: TRUE COPY OF THE PLAINT DATED 24.01.2017 IN O.S.NO.51 OF 2017, MUNSIFF COURT, KANNUR.

ANNEXURE A5: TRUE COPY OF THE SALE AGREEMENT DATED 03.06.2016 EXECUTED BY THE DEFACTO COMPLAINANT IN FAVOUR OF THE 1ST PETITIONER.

ANNEXURE A6: TRUE COPY OF THE LAWYER NOTICE DATED 13.07.2017 ISSUED BY SMT.M.VASANTHA, ADVOCATE TO THE 2ND RESPONDENT.

ANNEXURE A7: TRUE COPY OF THE PLAINT DATED 24.07.2017 FILED BY THE PETITIONER BEFORE THE SUB COURT, KANNUR AS O.S.NO.43/2017.

ANNEXURE A8: TRUE COPY OF THE INTERIM ORDER DATED 28.03.2018 IN CRL.M.A.NO.3003/2018 IN CRL.M.C.NO.7161/2017.

ANNEXURE A9 TRUE COPY OF THE DEATH CERTIFICATE DATED 23.11.2020 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KANNUR CORPORATION.

ANNEXURE A10 TRUE COPY OF THE COMPLAINT DATED 27.09.2017 FILED BY THE 2ND RESPONDENT HEREIN BEFORE THE REVENUE DIVISIONAL OFFICER, THALASSERY.

ANNEXURE A11 TRUE COPY OF THE ORDER DATED 07.12.2017, OF THE MAINTENANCE TRIBUNAL, THALASSERY IN MCC 174/17.

ANNEXURE A12 TRUE COPY OF ORDER DATED NIL/10/2018 OF THE MAINTENANCE APPELLATE TRIBUNAL AND DISTRICT COLLECTOR KANNUR AS DCKNR/6153/2018/M4.

ANNEXURE A13 TRUE COPY OF THE MEDIATION AGREEMENT DATED 19.6.2018 IN O.S.51/2017 OF THE MUNSIFF COURT KANNUR.

ANNEXURE A14 TRUE COPY OF THE DECREE DATED 28.06.2018 IN O.S.51/2017 OF THE MUNSIFF COURT KANNUR.

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE