ARUNA TALEJA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure with a prayer to quash and set aside the entire criminal proceeding including the order taking cognizance dtd. 24/6/2022 passed by learned Judicial Magistrate-1st Class-XII, Ranchi in Protest-cum-Complaint Case No.4142 of 2021 arising out of Lalpur P.S. Case No.276 of 2019 whereby and where under the learned Judicial Magistrate-1st Class-XII, Ranchi has taken cognizance of the offences punishable under Ss. 419, 420, 467, 468 and 471 of the Indian Penal Code against the petitioners.

(3.) The brief facts of the case is that the petitioners purchased a land from Ashok Vishwakarma by a registered sale deed, the ownership of which property is claimed by the complainant. The power of attorney holder namely Ashok Vishwakarma, who was holding the power of attorney on behalf of vendor was knowing that a person who has executed power of attorney in favor of Ashok Vishwakarma is not the real owner of the property but Ashok Vishwakarma created a false document, as he obtained the power of attorney not from the real owner of the land but someone else than the real owner of the land. There is further allegation that the petitioners earlier entered into an agreement for sale with the complainant, paid him some token advance amount also, but did not pay the remaining consideration amount and took the plea that they have become the owner of the land in question, hence, they are not interested in purchasing the same from the informant. The complainant filed Complaint Case No.3124 of 2019 in the Court of learned Judicial Magistrate-1st Class-XII, Ranchi, the same was referred to police under Sec. 156(3) of the Cr.P.C. basing upon which Lalpur P.S. Case No.276 of 2019 was registered and police took up investigation of the case and after completion of investigation, police submitted Final Form and did not send up the accused person for trial because the dispute is of civil nature. Consequent upon that the complainant filed Protest-cum-Complaint Case No.4142 of 2021 and the learned Magistrate has found prima facie case for the offences punishable under Ss. 419, 420, 467, 468 and 471 of the India Penal Code and directed issuance of summons to the petitioners to face the trial.