RANCHI, India, Aug. 8 -- Jharkhand High Court issued the following order on July 9:
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the entire criminal proceeding including the order taking cognizance dated 13.10.2023 passed in Complaint Case No. 1012 of 2023 in which the learned SubDivisional Judicial Magistrate, Hazaribagh has found prima facie case for the offences punishable under Sections 420/467/468/471/120B of the Indian Penal Code.
3. The brief fact of the case is that the complainant executed a power of attorney in favour of the petitioner no.1 and later on revoked the power of attorney. The complainant intimated the fact of revocation of power of attorney to all the petitioners but the petitioners knowing full well that the power of attorney executed by the complainant in favour of the petitioner no.1 has been revoked, therefore, the petitioner no.1 is not competent to execute any sale deed in favour of anyone, suppressing the material fact, by dishonestly and fraudulently got a sale deed executed and thereby made a false document for the purpose of cheating and used the forged document subsequently also, knowing the same to be forged. Basing upon the complaint, statement of the complainant on solemn affirmation and statement of the inquiry witnesses the learned SubDivisional Judicial Magistrate, Hazaribagh found prima facie case for the offences as already indicated above.
4. It is submitted by the learned counsel for the petitioners that the allegations against the petitioners are all false and the dispute between the parties is at best a civil dispute. The petitioner nos. 2 to 5 are the bonafide purchasers of the land in question, hence in view of the Judgment of the Hon'ble Supreme Court of India in the case of Mohammed Ibrahim & Ors. vs. State of Bihar & Anr. reported in (2009) 8 SCC 751, no offence is made out against them. Therefore, it is submitted that the prayer as prayed for by the petitioners in this criminal miscellaneous petition be allowed.
5. The learned Public Prosecutor on the other hand vehemently opposes the prayer and submits that there is direct and specific allegation against the petitioners that all the petitioners knowing pretty well that the complainant has revoked the power of attorney and knowing pretty well about such revocation of the power of attorney, in criminal conspiracy with each other, to cheat the complainant, dishonestly and fraudulently by suppressing the material facts, have got a sale deed executed, which amounts to making a false document, in terms of Section 464 of the Indian Penal Code. It is next submitted that the facts of this case are different from the facts of Mohammed Ibrahim & Ors. vs. State of Bihar & Anr. (supra) because in that case there was no allegation that the petitioners were in criminal conspiracy with the co-accused persons made a false document. It is next submitted that the petitioners are not the law abiding citizens as they have been evading appearance from the trial court for over a year and half knowing pretty well about summons and warrants having been issued against them by the learned trial court. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqGGEjOLr0yv4jQS5qA79VH7BHj5UOjN6UI9BnViosulI&caseno=Cr.M.P./4/2024&cCode=1&cino=JHHC010000442024&state_code=7&appFlag=)
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