(1.) ORDER Heard learned counsel appearing for the petitioners, learned counsel for the State and the learned counsel appearing for O.P. No. 2.
(2.) THIS application has been filed for quashing of the first information report of Bariatu (Gonda) P.S. Case No. 55 of 2012 (G.R. Case No. 1292 of 2012), registered under Sections 420, 406, 467, 468, 120 B of the Indian Penal Code.
(3.) IT is the case of the informant that when he came across with the petitioner no. 1 Dr. Raj Kumar Singh, said Raj Kumar singh, by producing a deed of agreement, executed by the land owner, expressed his desire to sell that piece of land. Believing the document to be true the informant agreed to purchase it. A sum of Rs. 13,21,000/was given as part consideration and rest of the amount, as per the agreement, was to be paid at the time of execution of the sale deed. Meanwhile, the land owner executed a deed of power of attorney in favour of Surya Bhusan (petitioner no. 2), the son of petitioner no. 1, who sold that piece of land to different persons. Thereafter, when the informant requested the petitioners to return the money they refused to return the money and, thereby, it has been alleged that the accused persons/petitioners committed offence of forgery and cheating.