JUDGMENT :

Sanjay Kumar Dwivedi, J.:

After hearing Mr. A.K. Das, the learned counsel for the petitioners, Mr. Jitendra Kumar Pasari, the learned counsel for the O.P. No. 2 and Mr. Bishambhar Shastri, the learned counsel for the respondent State, the judgment was reserved on 15.03.2023.

2. This petition has been filed for quashing of the entire criminal proceeding as well as the order taking cognizance dated 01.02.2013 passed by the learned Judicial Magistrate, Dhanbad in C.P. Case No. 1746 of 2012 whereby he has been pleased to take cognizance under section 420 of the I.P.C, pending in the court of learned Judicial Magistrate, Dhanbad.

3. The complaint has been made alleging therein that the petition dated 01.08.2012 lodged by the complainant against the petitioners and others is that the complainant is the owner of the raiyati land measuring 1.56 acres bearing plot no. 137 within khata no. 23 situates at Mouza Shyamdih, Mouza No. 249 within Katras P.S. in the District of Dhanbad by virtue of sale deed no. 14446 dated 19.08.1968 from Smt. Sharda Kumari for valuable consideration. Since the date of purchase the complainant is in peaceful possession thereof without any interruption whatsoever from any corner. The further case of the complainant is that he resides with his brother Sri. Balmukund Rajgaria, in Rajgaria Market Complex at Rajganj Road, Katrasgarh, P.O. Katrasgarh, P.S. Katras, District Dhanbad and his wife had died long ago having only son and one daughter. The daughter was married in the year 1999 and the son namely Vinay Kumar Rajgaria has been residing in Assam in connection with his business. It is further alleged that the complainant fell in serious depression in the second week of June, 2012 and hence his brother, Balmukund Rajgaria had been getting his treated by Dr. T.R. Roy on and from 20.06.2012. It is further alleged that the younger brother of the complainant namely Shyam Sunder Rajgaria, resident of Rajganj, hearing serious depression of the complainant came to meet the complainant on 24th or 25th June, 2012 and told him that due to depression of the complainant, he may not be able to look after his property which may be grabbed by the miscreants of the locality and hence told the complainant to execute power of attorney in his favour only for looking after the said land so that the said land may not be grabbed by other persons. It is further alleged that believing the same, complainant agreed to execute the power of attorney. Upon this, Shyam Sundar Rajgaria and his son, accused no. 9 came at Katrasgarh on 26.6.2012 and took the complainant to Govindpur Sub-Registry Office were they took the signature and L.T.I on some papers and also took finger prints there and photographs were also taken but due to serious depression, the complainant blindly believing on accused no. 8 he executed the power of attorney without going through the contents made therein and after executing the said power of attorney on 26.06.2012 the accused no. 8 took the complainant to Rajganj at his residence and left the complainant at Katras on the next day i.e. on 27.6.2012. It is further alleged that the son of the complainant Vinay Kumar Rajgaria was informed by the brother of the complainant namely Bal Mukund Rajgaria, who immediately came to Katras on 06.07.2012 in the night by purchasing “Tatkal Ticket” from Railway. It is alleged that on 10.07.2012 the complainant told his son, Vinay Kumar Rajgaria and younger brother Bal Mukund Rajgaria regarding execution of power of attorney on 26.6.2012 in favour of Shyam Sundar Rajgaria for looking after his land but his son and the said younger brother became suspicious an went to Govindpur Sub Registry Office for enquiry and upon enquiry they learnt that accused no. 8 had committed fraud, cheating and breach of trust with the complainant by getting the power of attorney executed by the complainant in favour of three persons i.e. in the name of the accused no. 5, accused no. 6 and accused no