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IN THE HIGH COURT OF ALLAHABAD
RAJEEV MISRA
Anuj Murarka – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Rajeev Misra, J.
1. Heard Mr. Pranav Tiwari along with Mr. Atharva Dixit, the learned counsel for revisionist, the learned A.G.A. for State, Mr. Amit Saxena, the learned Senior counsel assisted by Mr. Nishant Mehrotra, the learned counsel representing opposite party 2 and Mr. Vinay Saran, the learned Senior counsel assisted by Mr. M. K. Maurya, the learned counsel representing opposite parties 3 to 11.
2. Perused the record.
3. Challenge in this criminal revision is to the order dated 18.10.2022, passed by Chief Judicial Magistrate, Pilibhit, whereby Criminal Misc. Case No. 900 of 2022 (Anuj Murarka Vs. Bharat Swaroop and Others), under Section 156 (3) Cr.P.C., Police Station- Sungarhi, District Pilibhit, filed by applicant has been rejected.
4. Record shows that Jyoti Swaroop, maternal grand father (Nana) of applicant Anuj Murarka executed gift deed dated 16.3.1970, whereby 12.50 acres of land comprised in Survey Plot No. 411 was gifted to revisionist. Since the revisionist was residing at Delhi, he appears to have executed a power of attorney dated 16.3.1985 in favour of his maternal uncle (Mama) Bharat Swaroop on 16.3.1985. Copy of the said power of attorney is on record a
Criminal proceedings cannot be initiated for disputes regarding breaches of power of attorney, which are to be settled within civil jurisdiction.
The judgment established the legal principle that the same set of facts may give rise to both civil and criminal liability, and the availability of civil remedies is not a ground to quash criminal pr....
The Revisional Court has the power to dismiss a complaint if it finds it deficient and lacking in evidence to support the allegations.
Criminal liability under IPC requires clear evidence of intentional wrongdoing, which was absent; thereby, genuine civil disputes cannot sustain criminal charges.
The execution of sale deeds by co-sharers exceeding their portion does not constitute forgery or criminal liability, reaffirming that such disputes are civil in nature.
The main legal point established is that the documents furnished by the petitioner, including the decree from the civil court, were of sterling quality and played a crucial role in quashing the charg....
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