AVIJIT GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application is directed against the order dated 1.8.2009 passed by 1st Additional Sessions Judge, Bokaro in Cr. Rev. No.85 of 2008 whereby learned Additional Sessions Judge 1st Bokaro after holding that sufficient material is there to constitute offences under Sections 419, 467, 468, 471, 472, 420, 504 read with Section 120B of the Indian Penal Code against the accused persons set aside the order dated 16.6.2008 whereunder complaint case no.293 of 2008 had been dismissed by the Chief Judicial Magistrate, Bokaro. Consequently the Additional Sessions Judge remanded the matter for further enquiry.

(2.) Before adverting to the submissions advanced on behalf of the parties, the case as has been made out in the complaint petition needs to be recorded which are as follows:

(3.) Thereupon the complainant obtained certified copy of the sale deed under which 89 acre 40 decimal of land had been transferred by Amar Nath Jha by impersonating himself as Manoj Jha through the holder of the power of Attorney Amit Kumar for a consideration of Rs.1,22,36,400/- on the basis of the rent receipts and land possession certificate, though neither the land possession certificate nor the rent receipts had been issued in favour of Manoj Jha. It has been alleged that accused no.2 Amar Nath Jha by impersonating himself as Manoj Jha by forging documents in connivance with other accused including the petitioner sold the property, though he had no title over the property and as such, committed offence under Sections 419, 467, 468, 471, 472, 420, 504 and 120B of the Indian Penal Code.