DEBI PROSAD DEY,J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing of the proceedings in connection with Charge-Sheet No. 254/2015 dated 30.06.2015 under Section 406 / 12-B of the Indian Penal Code arising out of Contai Police Station Case No. 118/15 dated 25.03.2015 under Sections 406 / 120B of the Indian Penal Code corresponding to G.R. Case No. 519/15 pending before the Court of the Learned Additional Chief Judicial Magistrate, Contai.
(2.) Learned Advocate appearing on behalf of the petitioners contended that the de-facto complainant executed a power of attorney dated 6th May 2010 in favour of her husband/petitioner No. 1 for transfer of her properties and thereafter petitioner No. 1 transferred the properties on the strength of such power of attorney by executing a deed-of-gift in favour of her only son, petitioner No. 2. However, in the meantime opposite party No. 2 executed a registered deed of revocation of power of attorney by revoking the registered deed of Power of Attorney which was executed by Abha Rani Bera in favour of her husband.
(3.) Learned Advocate appearing on behalf of the petitioner further contended that the opposite party No. 2 had also filed a Title Suit being No. 62 of 2015 before the First Civil Judge (Junior Division), Contai praying for decree of declaration that the deeds of Gift being No. 3165 of 2010 and 5263 of 2010 as well as the alleged power of attorney being No. 63 of 2010 are products of collusion, fraud, undue influence and void and not binding upon Avarani Bera and also prayed for a decree of permanent injunction and other consequential reliefs. It is submitted that the dispute primarily is civil dispute between the parties and therefore, the instant criminal case ought to be quashed. Secondly it is further submitted that the occurrence took place way-back in the years 2010 but the First Information Report under Section 156 b(3) of the Code of Criminal Procedure was filed in the year 2015 and accordingly the said First Information Report is hit by Section 468 of the Code of Criminal Procedure and therefore, the learned trial Court has erroneously taken cognizance of the charge sheet submitted by the appellant.;