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2021 Supreme(Online)(KER) 51325

HIGH COURT OF KERALA
R. NARAYANA PISHARADI, J
JOSEPH – Appellant
Versus
KURIAN – Respondent


O R D E R

The petitioners are the first and the second accused in the case C.C.No.718/2011 pending in the Court of the Judicial First Class Magistrate-I, Thodupuzha.

2. The case is one instituted upon the complaint filed by the first respondent (hereinafter referred to also as 'the complainant'). The offences alleged against the accused in the case are punishable under Sections 403, 409, 420, 468 and 120B I.P.C.

3. The petitioners shall be hereinafter referred to as the accused. The second accused is the wife of the first accused. The first respondent, the complainant, is the brother of the first accused.

4. The complainant had executed a power of attorney in favour of the first accused authorising him to deal with his property. The first accused executed a sale deed in favour of the second accused in respect of the property owned by the complainant by using the power of attorney. The crux of the allegations in the complaint is that, in that sale deed, instead of affixing the thumb impression of the complainant, the thumb impression of some other person was affixed. The other accused in the case are persons who had allegedly assist

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