MD. MUKHTAR QUARAISHI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Deepak Kumar, the learned counsel for the petitioners.

(2.) This Court had issued notice to the Opposite Party No.2 by an order dated 11.09.2017. From the record it is apparent that the notice has been validly served upon the Opposite Party No.2, but he has chosen not to appear before this Court, hence this Court is left with no option, but to proceed with the matter.

(3.) The short facts of the case is that the Opposite Party No.2 had filed a Complaint Case bearing No. 1070 of 2012 against the petitioners herein before the court of learned Chief Judicial Magistrate, Nawada, inter alia, alleging therein that he has some land in village Bhadauni Beldaria and out of them, but certain lands bearing plot No. 428, 687, 688 and 690, as mentioned in the complaint petition are the ancestral lands of the Opposite Party No.2, which has been in possession of the ancestors of the Opposite Party No.2 and receipt has also been received by the Circle Office. It has been further stated that the ancestral land is in the name of his father namely, Dahu Beldar and others. The allegation levelled against the accused persons is that they have prepared forged sale deed in the name of Smt. Premlata Devi and a registered power of attorney was issued in the name of petitioner no.2 on the basis of the said forged sale deed in the year 2012. In paragraph-4 of the said power of Attorney it has been stated that land will be sold by the petitioner and given to petitioner no.2 (since deceased). Thus, in sum and substance the allegation is to the effect that the accused persons are trying to sell the land which belongs to the Opposite Party No.2 and the Opposite Party No. 2 and his ancestors are in possession of the same.