JAYA ROY,J. - (1.) HEARD the learned counsel for the petitioners, the learned counsel for the State and the learned c ounsel for the complainant.
(2.) PETITIONERS are accused in a case registered under Sections 420/120B of the I.P.C. The case of the complainant in short that the complainant and his brothers are the owner of the landed property in question situated at Mouza Dindli. The accused no.1 Sandeep Kumar Jha was earlier tenant of the complainant. The complainant came to know in the First week of September 2011 from the reliable source that their land has been sold by the accused no.1 namely Sandeep Kumar Jha to other accused persons (petitioners) for valuable consideration. On enquiry from the Sub- Registry office at Seraikella, the complainant has come to know that the accused no. 1 namely Sandeep Kumar Jha on the basis of the false and forged Power of Attorney dated 15.5.2008 purported to be signed and executed by the complainant and his two brothers though no such document ever executed by them. It is also alleged by the said complaint petition that the address, photograph affixed and thumb impressions on the said deed were all forged and fabricated. The complainant immediately contacted the accused persons and requested them to cancel the said Power of Attorney and sale deed but they threatened him of dire consequences. The learned counsel for the petitioners, has submitted that the petitioners are innocent and they have not committed any offence. It is further argued that the petitioners are the purchaser of the land in question on payment of huge amount by different cheques which were duly encashed and the complainant along others have also acknowledged the payment of the consideration money by cheque and cash both, on the money receipts. It is further contended that the complainant has duly appointed Mr. Sandeep Kumar Jha as General Power Attorney and authorized him to deal the property in question on behalf of the complainant therefore, the complainant has no locus standi to lodge the complaint case against the present petitioners. As the petitioners have not committed any offence under Section 420 of I.P.C., they are entitled to get the anticipatory bail.
(3.) THE learned counsel for the complainant has filed counter affidavit in this case and he has submitted that the co-accused Sandeep Kumar Jha forged a power of Attorney allegedly given by the complaint and his brothers and on the basis of that forged document all the accused persons (the present petitioners) in conspiracy and connivance have got the entire lands of the complainant and his brothers, transferred to their names. It is is further submitted that from the perusal of the power of attorney dated 15.5.2008, it is clear that the three photographs affixed on the power of Attorney showing that of Suman Kumar Choudhary, Sujeet Kumar Choudhary and Ajit Kumar Choudhary (the complainant) are not the photographs of the complainant and his two brothers. The signature of these three persons are also not of the complainant and his two brothers and to support his contention, a photocopy of the said power attorney dated 15.5.2008 is annexed in the counter affidavit as Annexure-A. It is further submitted by the counsel appearing for the complainant that the petitioners who are all resident of the same area as that of the complainant and knowing fully well that the lands in question belongs to the complainant and his two brothers, got the land transferred in their names by virtue of sale deed dated 31.7.2010 on the basis of the aforesaid forged power attorney in complete connivance and conspiracy with the co-accused Sandeep Jha.;