PREM CHAND SINGH Vs. STATE OF UTTAR PRADESH
SUPREME COURT OF INDIA
PREM CHAND SINGH
STATE OF UTTAR PRADESH
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NAVIN SINHA,J. -
(2.)The appellant has challenged the order dated 18.12.2015 rejecting his application for discharge and the affirmation of
the same on 31.05.2016 in Criminal Revision No. 70 of 2016
by the 4th Additional Sessions Judge, Gonda (U.P.).
(3.)The respondent no.2 is stated to have given a general power of attorney to the appellant on 02.05.1985 and on the
basis of which the appellant sold certain lands belonging to
the respondent. The respondent lodged FIR No. 160 of 1989
on 14.09.1989 that he had never executed any general power
of attorney in favour of the appellant and that the appellant
has forged general power of attorney to sell his lands illegally.
The appellant was acquitted in the trial as the charge could
not be established. Though no records are available, the
acquittal is not disputed by counsel for respondent. The
respondent then filed Civil Suit No. 353 of 2007 to cancel the
general power of attorney. On 09.10.2008, the respondent
filed an application under Section 156(3) Cr.P.C. before the
court which was forwarded to the police leading to registration
of FIR No. 114 of 2008 on 09.10.2008 alleging that the
appellant had forged general power of attorney and on the
basis of the same had sold certain lands of the respondent.
That earlier also the appellant had sold lands of the respondent in like manner.
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