NAVIN KUMAR RAI Vs. SURENDRA SINGH

JUDGEMENT

(1.) Leave granted.

(2.) These appeal(s) call into question the correctness of a common judgment and order dtd. 24/3/2022 passed by the High Court of Jharkhand at Ranchi, in W.P(s)(Crl.)Nos. 02 of 2021 and 47 of 2021, by which the High Court quashed Giridih(T)P.S.Case No.217 of 2020 @ FIR No.04797769 dtd. 5/11/2020, for the offences under Ss. 420, 467, 468, and 471 of the Indian Penal Code, 1860(IPC for short), pending before the learned Chief Judicial Magistrate, Giridih. Brief Background

(3.) One Purushotam Kumar (A-1) forged a Power of Attorney(PoA) on the basis of which transfer of certain land in favour of Bikash Kumar Singh, S/o Surendra Singh (A-2), Surendra Singh (A-3) with the latter witnessing the sale transaction stood registered with the Registrar having competent jurisdiction at a place known as Giridih. The original owner Naveen Kumar Rai, having learnt of such an illegal transaction instituted proceedings before a Civil Court seeking a declaration of the transaction to be null and void. Independently, the District Deputy Registrar, Giridih initiated an inquiry in terms of Circular No.15/R(Miscellaneous)Public Applications-04/16('Circular') dated Nil resulting in the passing of an order, prima facie holding A-1 to have forged the PoA impersonating Naveen Kumar Rai, leading to the execution of a sale deed which document also stood registered with the very same Authority. Resultantly, on the basis of such an inquiry both the documents i.e., the PoA and the sale deed stood cancelled. Further, on the basis of the communication dtd. 15/10/2020 that of the District Deputy Registrar, Giridih, FIR bearing the above-noted particulars stood registered by Sahdeo Mehra, against seven accused persons including A-1, A-2 and A-3.