IMPORTANT POINT
In an appropriate case, protection is to be accorded against unwanted criminal prosecution and from prospect of unnecessary trial.

JUDGMENT

AHSANUDDIN AMANULLAH, J.

Heard learned counsel for the parties.

2. Leave granted.

3. The present appeal arises out of the Final Judgment and Order dated 12.03.2021 (hereinafter referred to as the “Impugned Judgment”) passed in Criminal Miscellaneous No.42776 of 2013 by the High Court of Judicature at Patna (hereinafter referred to as the “High Court”) by which the prayer for quashing First Information Report No.87 of 2011 dated 19.03.2011 (hereinafter referred to as the “FIR”) registered at Dumraon Police Station, Buxar, Bihar under Sections 467, 468, 469 and 471 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”), has been dismissed.

4. The informant/respondent no.2 Maharaj Kumar Man Vijay Singh @ Man Vijay Singh gave a statement in writing to the Station House Officer, Dumraon Police Station alleging that Raj Kumar Karan Vijay Singh, s/o Group Captain Late Maharaj Kumar Ran Vijay Singh had sold off property belonging to 5 persons of the informant’s family, including the informant himself. It was alleged that the informant and his family members had earlier given a Power of Attorney (hereinafter referred to as the “PoA”) to Raj Kumar Karan Vijay Singh in respect of and as owners of property bearing Khasras No.459G, 472, 474, 475, 476 and 478B and further Khasra No.459E situated in Village Karbari Grant, Tehsil Vikasnagar, Pargana Pachwain, District Dehradun. It was stated that the informant Maharaj Kumar Man Vijay Singh and his brother Kumar Chandra Vijay Singh, both sons of Maharaja Kamal Singh, Smt. Sangeeta Kumari, Indumati, Ran Vijay Singh, his father’s Sister, father, sisters and Aunt executed a PoA on 12.04.1994 for management and maintenance of their property. It was provided therein that the PoA holder shall pursue litigation, file plaint after obtaining signature of the land owners/principals of the PoA. It was alleged that some portion of the property of the informant and others was sold to the present appellant and on such knowledge, the informant sent a Legal Notice to the PoA-holder directing him to give the details of the sale made in conspiracy with the appellant and a Notice was also given to revoke the PoA but the agent did not give any information/reply to the informant and others who had executed the PoA. In this backdrop, and as such, the criminal case was instituted. It was alleged that criminal acts were committed by the accused, including the appellant, by misusing the PoA and alleging that they had misappropriated the property, did not rendition the account(s) and that the Sale Deed was fraudulent as it was without obtaining the signatures of the land-owners/Principals of the PoA-holder. Upon investigation, the police had submitted final report finding a case under Sections 409, 467, 468, 471 and 420, IPC and the learned Chief Judicial Magistrate, Buxar thereupon took cognizance of the offences under Sections 409, 467, 468, 471 and 420, IPC on 18.11.2014 in GR No.515 of 2011.

5. During the pendency of Criminal Miscellaneous No.42776 of 2013 on the file of the High Court, originally filed for quashing the FIR, the appellant filed Interlocutory Application No.1261 of 2017 seeking amendment of the prayer to include quashing of the order dated 18.11.2014 mentioned above.

SUBMISSIONS BY THE APPELLANT:

6. Learned senior counsel for the appellant submitted that the appellant is merely the vendee of a portion of the land which was included in the PoA given to Raj Kumar Karan Vijay Singh on 12.04.1994.

7. He contended that the Sale deed dated 24.08.2000 was on the basis of the PoA given to Man Vijay Singh, s/o Kamal Singh by the land-owners/principals. It was submitted that it was an internal matter between the land-owners/executors of the said PoA with regard to the terms, which obviously were binding, inter se, between the parties.

8. Learned senior counsel drew the attention of the Court to the contents of the PoA, especially Clause 3 thereof and submitted that the same entitled the PoA-hol