JAYANT GHADIA 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, 1973 with the prayer to quash the entire criminal proceedings of Kotwali (Sukhdeonagar) P.S. Case No.999 of 2011 corresponding to G.R. Case No.5475 of 2011 and also the charge-sheet as well as the order dtd. 22/12/2021 passed by the learned Judicial Magistrate-1st Class, Ranchi whereby and where under cognizance has been taken of the offences punishable under Ss. 406, 420, 467, 468, 471 of the Indian Penal Code.

(3.) The allegation against the petitioner is that the petitioner, with the intention of playing deception since the beginning, deceived the informant by suppressing the material facts and falsely posing himself to be a power of attorney holder of the owner of the landed property belonging to Sangeeta Shah and by so deceiving, induced the informant to enter into an agreement for sale of the said property with him, took Rs.50,00,000.00 as an advance and misappropriated the said amount. There is further allegation against the petitioner that the petitioner has forged the power of attorney, purported to have been executed by Sangeeta Shah in his favour dtd. 12/5/2011 and the same having been registered in the office of Sub-Registrar on 26/5/2011; but police upon verification of the same found that the same is a forged document; as no such general power of attorney has ever been registered with the concerned Office of the Sub-Registrar. There is further allegation that the petitioner has dishonestly misappropriated the said amount obtained by him by way of cheating and has not sold the land, the price of which was fixed at Rs.1,10,00,000.00. On the basis of the written-report submitted by the informant, police registered Kotwali (Sukhdeonagar) P.S. Case No.999 of 2011 and took up the investigation of the case. After completion of the investigation, police submitted charge-sheet against the petitioner for having committed the offences punishable under Ss. 406, 420, 467, 468, 471 of the Indian Penal Code and the learned Judicial Magistrate-1st Class, Ranchi basing upon the charge-sheet submitted, took cognizance of the said offences as well.