IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1897 of 2022 Arising Out of PS. Case No.-238 Year-2014 Thana- KADAMKUAN District- Patna ======================================================

MR. S. KUMAR @ SHAILESH KUMAR Son of Shri Moti Lal Resdient of Flat No. - G- 02, Friends Suman Vatika, Opposite S.B.I. Bank, Rajendra Nagar, Naya Chak, P.s.- Kadam Kuan, District - Patna. At Present Posted as Deputy Secretary, Department of Health, Government of Bihar, Patna.

... ... Petitioner Versus

1. The State of Bihar

2. Milan Kumar Sudhakar S/O Late Ramvilas Yadav , Resident of Village- Ali Nagar, P.S. - Bahera, District - Darbhanga. At Present Resident of - E/17, Road No. 12, Rajendra Nagar, P.S. - Kadam Kuan, District - Patna. Power of attorney Holder of Dr. Gyan Kaur Yadav W/O Late Desh Gaurav Yadav ... ... Opposite Parties ======================================================

Appearance :

For the Petitioner : Mr. Rajesh Kumar Mishra, Advocate Mr. Rohit Raj, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR C.A.V. JUDGMENT Date : 21-01-2026 Despite valid service of notice, none has appeared on behalf of the opposite party no.2.

2. The present application is filed invoking the inherent jurisdiction of this Court under section 482 of the Criminal Procedure Code (hereinafter ‘Cr.P.C.’) for quashing the order contained in memo No.S.P.-25/2019-95/J dated 28.12.2020, passed by the Secretary, Department of Law, Government of Bihar whereby sanction for prosecution under section 420, 467, 468, 471, 120-B of the Indian Penal Code, has been granted against the present petitioner in connection with Kadamkuan P.S. Case No. 238 of 2014 registered on

24.05.2014.

3. Subsequently, during the pendency of this petition, the petitioner has preferred to move an Interlocutory Application bearing I.A. No. 01 of 2024 seeking amendment in the prayer portion of this petition and assailed the F.I.R vide Kadamkuan P.S. Case No. 238 of 2014 and also the charge-sheet bearing No.533 of 2021 filed against the petitioner. 4. The Complaint Case No.25889 of 2014 was filed on 04.04.2014 in the Court of learned C.J.M., Patna by the complainant namely, Milan Kumar Sudhakar in the capacity of power of attorney holder of his grandmother, Dr. Gyan Kaur Yadav, against two accused persons namely S. Kumar, the instant petitioner and one Sitaram Chaudhary.

5. In the aforesaid complaint petition, the complainant states that power of attorney (hereinafter ‘POA’) was executed in the year 2011 and 2013 by the principal one Dr. Gyan Kaur Yadav in his favour to look after her property including her family home, i.e., a three storeyed building situated at B/17, Road No. 12, Rajendra Nagar, Patna since the principal along with her family was living in the United Kingdom.

6. Further, it is stated that the principal had acquired the aforesaid property at Rajendra Nagar, Patna from her husband, namely Dr. Desh Gaurav Yadav, who had passed away in the year 2008, through a registered deed in her favour, which was executed in presence of the witness namely one Kumar Indradev in the year 1985. Subsequently the aforesaid property was duly mutated in the name of the principal-Dr. Gyan Kaur Yadav. The husband of the principal much prior to his death in the year 1999, had executed a POA in favour of the aforesaid Kumar Indradev to look after the property situated at Rajendra Nagar. It is also stated that the principal Dr. Gyan Kaur Yadav and her husband had two sons namely Gurvindar and Surender and one daughter Manjit Kaur.

7. It is thereafter alleged that on the strength of the POA when the complainant went to deposit the holding tax with the Patna Municipal Corporation, it has come to his knowledge that the said property at Rajendra Nagar was mutated in the name of one Kumar Gyanendra who was said to be the son of late Dr. Desh Gaurav Yadav, whereas he was actually the son of the a