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2008 Supreme(Jhk) 899

D.K.SINHA
Chandeshwar Lal Das – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioners: Mr. Shekhar Prasad .Singh.
For the State Mr. Alok Lal.
For the O.P. No.2: None.

Order

The petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for quashment of the order impugned dated 23.6.2005 passed by Sri S.K. Singh, the Judicial Magistrate, 1st Class Dhanbad in C.P. Case No. 634 of 2005 whereby and whereunder having been' satisfied that prima facie offence was made out under Sections 424/467/107/1208 of the Indian Penal Code and under Section 82 of the Registration Act, 1908 against the petitioners, directed summons to be issued against them.

2. The prosecution story in short was that the petitioner NO.1 Chandeshwar Lal Das, Advocate on record in Title (Partition) Suit No. 74 of 2004, was assigned the power of attorney by the petitioners NO.2, 3, 4, 5 and 6 to execute a sale deed and accordingly he executed on 19.4.2005 in favour of the petitioner No. 7 Rita Devi Verma.

The complainant/opposite party No. 2 Mahendra Singh brought about a Complaint Case No. 634 of 2005 on 4.5.2005 alleging inter alia that the land situated in Mouza No. 12 appertaining Khata No. 142, Plot No. 1350 having area of 66 decimals, originally belonged to Prayag Kumari Devi wife of Raja Durga Prasad Singh of Jharia Raj






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