Mohammed Asif v. Sayeerabanu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Mohammed Asif ... Petitioner Vs.

1. Sayeerabanu

2. G.Shamsuddin

3. Dr.Dinesh Kumar ... Respondents PRAYER: Criminal Revision has been filed under Section 397 r/w 401 of Cr.P.C., praying to set aside the order dated 06.05.2024 made in Crl.M.P.No.1306 of 2024 on the file of the learned Judicial Magistrate No.1 at Kallakurichi and to allow the Criminal Revision Petition. For Petitioner :

Mr.B.Jawahar For Respondents For R1 & R2 :

Ms.B.Dharani For Mr.K.Myilsamy

ORDER

The Criminal Revision Case has been preferred as against the order dated 06.05.2024 passed by the learned Judicial Magistrate No.1, Kallakurichi, in Crl.M.P.No.1306 of 2024, thereby dismissed the private complaint filed by the petitioner under Section 200 of Cr.P.C.

2.

The petitioner lodged complaint alleging that he gave power of attorney in respect of the second respondent in turn, the second respondent executed the sale deed in favour of the first respondent. The first respondent is none other than the wife of the second respondent. Further, the petitioner alleged that his life certificate, which was issued by the third respondent, was forged one and on the strength of the same, the second respondent executed the sale deed. Hence, the petitioner lodged complaint before the trial Court and the same was dismissed. Aggrieved by the same, the petitioner filed the present petition.

3.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4.

On perusal of the records, it is revealed that this complaint has been lodged to nullify the sale deed executed in favour of the first respondent, when it was executed with valid Power of Attorney. If there is any violation of condition with regard to the power of attorney, the petitioner ought to have approach the civil Court for proper relief. Therefore, there is no scope for criminal offence to charge the respondents. Hence, the trial Court rightly

dismissed the petition and this Court finds no infirmity or illegality in the order passed by the trial Court.

5.

Accordingly, the Criminal Revision Case stands dismissed. 26.08.2025 Index : Yes/No : Yes/No Speaking/Non Speaking order rts To

1. The Judicial Magistrate No.1 Kallakurichi.

G.K.ILANTHIRAIYAN. J, rts 26.08.2025