KAMLESH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Applicant-Kamlesh Singh (accused) and Complainant-Ishwar Singh (Opposite Party No. 4) are resident of Mumbai. The matter pertains to properties situated in District Mainpuri, details of which are mentioned in para 8 of present application.

(2.) The case is further arising out of a registered power of attorney purportedly executed by accused in favour of one, Shiv Ram Mishra in the year 2008. After a period of more than a decade it has now been alleged that applicant was not empowered to execute the said power of attorney and it was a piece of fraud and forgery.

(3.) It is not in dispute that after execution of power of attorney there were civil proceedings between applicant and Opposite Party No. 4 (Complainant) that a suit for perpetual injunction being Original Suit No. 171 of 2012 (Ishwar Singh Vs. Kamlesh Singh and others) was filed wherein on basis of a compromise, the suit was withdrawn though now it has been contended that referred compromise was entered by a person not empowered to do so. However, it is not in dispute that neither said compromise was challenged nor order to withdraw the suit was challenged. The Complainant has not taken any subsequent action, either civil or criminal, for a decade till he has lodged F.I.R. dtd. 14/7/2023 against applicant wherein after investigation a charge sheet was filed, which is subject matter of present case, alleging that a fraud was played by applicant with regard to properties referred above as well as power of attorney was also a result of a fraud.