NIRMALA AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) SINCE Cr.M.P. No. 173/2006 and Cr.M.P. No. 410/2007 are involved common question, they are being disposed of by this common order.

(2.) CR. M.P. No. 173/2006 filed on behalf of petitioner Smt. Nirmala Agrawal & CR. M.P. No. 410/2007 filed on behalf of petitioner Ram Kumar Netam for not taking any coercive step amounting to harassment on the basis of First Information Report registered in CRime No. 21/2006 by Anti-Corruption Bureau & Economic Offences Bureau, Raipur for the offence punishable under Sections 420, 120B of the Indian Penal Code and Section 13(1)d, 13(2) of the Prevention of Corruption Act, 1988.

(3.) AS per copy of First Information Report, one AShalata @ ASharani resident of Pensal Bidha, United State of America had executed limited Power of Attorney in favour of present petitioner on 28/8/2003 for selling the agricultural land bearing Khasra Nos. 59/1 & 262/5, situated at Pulgaon, District Durg. AS per provisions of law, Power of Attorney executed it abroad has required to produce before the Collector of Stamp within 3 months before use in terms of Article 48 read with Section 23 of the Stamps Act, it further requires Stamp Duty with a view to commit aforesaid offence in connivance with Petitioner Ram Kumar Netam Sub-Registrar & present petitioner Smt. Nirmala Agrawal had not produced limited Power of Attorney before the Collector of Stamp for payment of proper Stamp Duty of Rs. 6,08,115/- and had executed sale deed on the basis of aforesaid documents in connivance with the petitioner Ram Kumar Netam.