AMIT KUMAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, for the O.P. No. 2 and the State. In this case, petitioner is challenging the order dated 10th October, 2012 passed in Complaint Case No. 2405-C of 2012 by the Judicial Magistrate, Patna whereby and whereunder the court has taken cognizance u/s. 467, 468, 471, 120B IPC.

(2.) Binod Kumar Roy and Hari Krishna Roy @ Harry Krishna Roy are brothers of Ram Krishna Roy are emigrants to USA and residing there, whereas accused No. 4 is sister-in-law of the complainant. In the complaint petition, it has been alleged that father of Ram Gopal Roy died in the year 2004, left his last Will executed in the year 2000 showing shares of his sons and Usha Roy in the property which was known to all the accused persons. Allegation has been made that Usha Roy, widow of Ram Niranjan Roy disposed of maximum property of her share and accused Nos. 5 and 6 have also disposed of some portion of property of their share where Usha Rai is one of witnesses. In order to disturb the complainant, on 18th May, 2012 accused persons hatched conspiracy and got executed power of attorney by accused Nos. 4, 5 and 6 in favour of accused Nos. 1, 2 and 3 and the petitioner is one of the power of attorney holder and as per the power of attorney, they are required to look after the Raiyati land situated in Mauza Bhusala Danapur, Mohammadpur Kurji and Saidpur respectively. In the said power of attorney, it has wrongly been mentioned that no partition had taken place amongst the brothers. In Para-8 of complaint petition it has been specifically stated that power of attorney dated 18th May, 2012 has been notarized on 25th May, 2012 before the Notary Public Sri A.N. Ambashtha, when they were not staying in India.

(3.) It has been alleged that notarization of power of attorney has been done when those persons were outside India and accused Nos. 1, 2 and 3 have wrongly been using the power of attorney for ulterior purposes. In support of contention, the complainant appeared, made his statement on S.A. and supported by other witnesses. The court has taken cognizance of the offences as aforesaid.