AVIJIT GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Rajiv Sinha, the learned counsel appearing for the petitioner and Mr. Fahad Allam, the learned counsel appearing on behalf of the respondent State. Inspite of service of notice, the O.P.no.2 has chosen not to appear. By order dtd. 18/8/2022 this matter was adjourned with the observation that if the O.P.No.2 will not appear on the next date, the appropriate order shall be passed on the basis of the materials available on record and that is why, this petition is heard on merit.

(2.) This petition has been filed for quashing of the order taking cognizance dtd. 15/12/2010 passed by the learned Judicial Magistrate, First Class, Jamshedpur, in C/1 Case No.2358 of 2010 whereby cognizance under Sec. 417 of the Indian Penal Code has been taken against the petitioner, pending in the court of learned A.C.J.M., Jamshedpur.

(3.) The complaint case was filed alleging therein that complainant along with his brothers Krishna Chandra Das, Hare Govind Das, Lakhi Kant Das, Niranjan Das (since deceased) and the accused Subodh Chandra Das are joint owners of plot no.340, 341, 342, 345 and 346 under khata no.30 measuring 1.64 acres at Mauza Birdha, P.S. Jadugoda. It is further alleged that Subodh Chandra Das got a forged general power of attorney registered on 25/3/2008 wherein he has taken upon himself the power to sell the land of the complainant as well as other owners. The accused Subodh Chandra Das got forged signature of the complainant and other owners and affixed photographs of false persons on the said power of attorney. It is further alleged that the accused petitioner, who is the authorized representative of M/s Jindal Steel and Power Ltd. in conspiracy with another accused, Subodh Chandra Das, and having knowledge that the aforesaid power of attorney is a forged one purchased the aforesaid lands by registered deed dtd. 12/4/2008 in the name of M/s Jindal Steel and Power Limited.