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2024 Supreme(SC) 132

B. R. GAVAI, SANJAY KAROL
Navin Kumar Rai – Appellant
Versus
Surendra Singh – Respondent


Advocates appeared:
For Appellant(s) Mr. Braj Kishore Mishra, AOR Mr. Abhishek Yadav, Adv. Mr. Ruchit Mohan, Adv. Mr. Priyadarshi Kumar, Adv. Ms. Mini Kishore, Adv. For Respondent(s) Mr. Akhil Anand, AOR Mr. Vishnu Sharma, Adv. Ms. Madhusmita Bora, AOR Mr. Dipankar Singh, Adv. Mrs. Anupama Sharma, Adv

JUDGMENT :

SANJAY KAROL, J.

1. Leave granted.

2. These appeals call into question the correctness of a common judgment and order dated 24th March 2022 passed by the High Court of Jharkhand at Ranchi, in W.P. (S) (Crl.) Nos. 02 of 2021 and 47 of 2021, by which the High Court quashed Giridih (T) P.S. Case No. 217 of 2020 @ FIR No. 04797769 dated 5th November, 2020, for the offences under Sections 420, 467, 468, and 471 of the Indian Penal Code, 18601 [IPC for short] pending before the learned Chief Judicial Magistrate, Giridih.

Brief Background

3. One Purushotam Kumar (A-1) forged a Power of Attorney2 [PoA] on the basis of which transfer of certain land in favour of Bikash Kumar Singh, S/o Surendra Singh (A-2), Surendra Singh (A-3) with the latter witnessing the sale transaction stood registered with the Registrar having competent jurisdiction at a place known as Giridih. The original owner Naveen Kumar Rai, having learnt of such an illegal transaction instituted proceedings before a Civil Court seeking a declaration of the transaction to be null and void. Independently, the District Deputy Registrar, Giridih initiated an inquiry in terms of Circular No. 15/R (Miscellaneous) Public Appl

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