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2001 Supreme(Pat) 425

P.K.DEB
Farhana Nasreen And Another – Appellant
Versus
State Of Bihar – Respondent


Judgment

P.K.Deb, J.

1. This petition has been filed under Sec. 482 of the Code of Criminal Procedure for quashing of the order dated 12-10-1999 passed by the Judicial Magistrate, Katihar in Complaint Case No. 13/99 taking cognizance of the offences under Secs. 120-B, 406, 420 and 468 of the Indian Penal Code against the petitioners and notices have been sent to the petitioners.

2. Petitioner No. 1. Farhana Nasreen is the wife of petitioner No. 2, Md. Mohiuddin. Petitioner No. 1, Farhana Nasreen owns and possesses land as depicted in the complaint case in the Katihar town. Petitioner No. 1 had executed a power of attorney in favour of her husband, petitioner No. 2 and that petitioners had appointed one Phool Khan (who happens to be accused No. 1 in the case and not the petitioner) as their caretaker at Katihar, since the petitioners reside at Docrdarshan Road-Rourkela, Orissa. As per the complaint petition, in the month, of May, 1998, the complainant entered into an oral contract at the instance of Phool Khan for sale of the land described in the complaint petition for consideration of Rs. 90,000.00 and an earnest money of Rs. 35,105.00 was paid through Phool Khan to petitioner No.


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