PREM CHAND SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant has challenged the order dated 18.12.2015 rejecting his application for discharge and the affirmation of the same on 31.05.2016 in Criminal Revision No. 70 of 2016 by the 4th Additional Sessions Judge, Gonda (U.P.).

(3.) The respondent no.2 is stated to have given a general power of attorney to the appellant on 02.05.1985 and on the basis of which the appellant sold certain lands belonging to the respondent. The respondent lodged FIR No. 160 of 1989 on 14.09.1989 that he had never executed any general power of attorney in favour of the appellant and that the appellant has forged general power of attorney to sell his lands illegally. The appellant was acquitted in the trial as the charge could not be established. Though no records are available, the acquittal is not disputed by counsel for respondent. The respondent then filed Civil Suit No. 353 of 2007 to cancel the general power of attorney. On 09.10.2008, the respondent filed an application under Section 156(3) Cr.P.C. before the court which was forwarded to the police leading to registration of FIR No. 114 of 2008 on 09.10.2008 alleging that the appellant had forged general power of attorney and on the basis of the same had sold certain lands of the respondent.