- (1.) HEARD the parties.
(2.) THIS application is directed against the order dated 19.4.2011 passed by the then Judicial Magistrate, Dhanbad in Complaint Case No. 1470 of 2010, whereby and whereunder cognizance of the offences under Sections 467, 468, 469, 471, 420 and 120B of Indian Penal Code has been taken against the petitioners. Before adverting to the submission advanced on behalf of the parties, case of the complainant needs to be taken notice of which is as follows: - One Shakuntala Sharma wife of Sheo Kumar Sharma, during her lifetime had purchased the property, in question, in the year 1980 through a registered sale -deed. Said Shakuntala Sharma and her husband had let out that house to different tenants on monthly rent. When Sheo Kumar Sharma and his wife Shakuntala Sharma died leaving behind Smt. Shakti Sharma as sole heir, Smt. Shakti Sharma let out said house to the complainant, in whose favour a power of attorney has been executed, by her and also to petitioner no. 2 -Sidh Nath Singh on monthly rental. However, said Sidh Nath Singh in course of time when asked the complainant to vacate the said house on the plea that he had purchased that house, the complainant informed about it to Smt. Shakti Sharma, the owner and the land lady of that house, who has been residing at Asansole. On making inquiry, it was found that one Kailash Kumar Sharma son of late Tula Ram Sharma, has sold the house, in question, for Rs. 8 lakhs to petitioner no.1 -Chandra Kala Devi (wife of petitioner no. 2) through a sale -deed in which Kunwar Singh -petitioner no. 3 has put himself as the identifier. When Smt. Shakti Sharma found that the house in question, to which she was the owner, has been fraudulently sold by impostor -Kailash Kumar Sharma, she executed a general power of attorney in favour of complainant -Shambhu Nath Singh to lodge a complaint. Accordingly, a complaint was lodged which was registered as Complaint Case No. 1470 of 2010. After holding inquiry, the court below took cognizance of the offences under Sections 467, 468, 469, 471, 420 and 120B of Indian Penal Code against the petitioners which order is under challenge in this application.
(3.) MR . Indrajit Sinha, learned counsel appearing for the petitioners, submits that there has been nothing on the record to show that Smt. Shakti Sharma is the daughter of late Sheo Kumar Sharma and late Shakuntala Sharma, whereas Kailash Kumar Sharma happened to be the brother of Sheo Kumar Sharma and he on the death of Sheo Kumar Sharma and his wife inherited the property and sold it to petitioner no.1 -Chandra Kala Devi for a consideration. On purchasing the house, petitioner no. 1 came to rightful possession of the same and let out the said house on rent to opposite party no. 2 -complainant and one Krishna Kumar Singh who paid the rent but thereafter stopped making payment of the rent.;