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2012 Supreme(Jhk) 1216

R.R.PRASAD
Kishori Prasad Sao – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
Yogesh Modi, for the petitioners.
APP, for the State.
Anjani Kumar Singh, for the O.P. No. 2.

ORDER

By the Court.- Heard learned counsel appearing for the petitioners, learned counsel appearing for the State and also learned counsel appearing for the opposite party No.2.

2. This application is directed against the order dated 19.4.2011 passed by the learned Sessions Judge, Giridih affirming the order dated 14.1.2009 passed by the Judicial Magistrate, Giridih in Giridih (Town) P.S. Case No. 93 of 2007 whereby and whereunder prayer of the petitioners for discharging them from the accusation under Sections 420, 467, 468/34, of the Indian Penal Code was rejected.

3. Before adverting to the submissions advanced on behalf of the parties, the case of the prosecution needs to be taken notice of.

4. It is the case of the complainant/informant that the complainant. Sheikh Niyazuddin @ Santu, Sheikh Anwar @ Bittu, Bibi Fatima and Bibi Doli executed a registered power of attorney in favour of the petitioners on 5.6.2004 with respect to, their land pertaining to khata No.1. Plot Nos. 569, 570, 576, 584 and 586 measuring total area of 98 decimal situated at village Dhariadih. Police Station and District - Giridih. On the following day, i.e. 6.6.2004 an agreement was also executed stipulating



































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