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2020 (2) TMI 1511 - SUPREME COURTForgery of power of attorney - acquittal of accused - substratum of the two FIRs, same or not - HELD THAT:- FIR alleges that the Respondent on account of his job invariably stayed outside. The Appellant had created a forged general power of attorney from the Respondent in his name with regard to his lands bearing Gata No. 77/0.87 decimal and sold it on the basis of the forged general power of attorney which the Respondent became aware of on 25.07.1989. The Respondent denied having ever executed any general power of attorney in favour of the Appellant. The Respondent does not dispute that the Appellant was acquitted of the charge by judgment dated 07.08.1998. The fact that the judgment may not have been made available is therefore inconsequential - The institution of Civil Suit No. 353 of 2007 by the Respondent for cancellation of the general power of attorney, after the acquittal of the Appellant, is nothing but an acknowledgment of the genuineness of the general power of attorney executed by the Respondents which he now wished to revoke. The Respondent then filed an application Under Section 156(3) Code of Criminal Procedure which was forwarded by the Magistrate to the police leading to registration of FIR dated 09.10.2008. The allegations are similar that the Appellant put up an imposter in place of the Respondent and along with one Sushil Kumar Singh and Arvind on the basis of a general power of attorney, which the Respondent had never executed, sold his lands - It is, therefore, apparent that the subject matter of both the FIRs is the same general power of attorney dated 02.05.1985 and the sales made by the Appellant in pursuance of the same. If the substratum of the two FIRs are common, the mere addition of Sections 467, 468 and 471 in the subsequent FIR cannot be considered as different ingredients to justify the latter FIR as being based on different materials, allegations and grounds. The substratum of the two FIRs are the same and that the Appellant has already stood acquitted on 07.08.1998 of the charge with regard to forging any general power of attorney of the Respondent, the subsequent prosecution of the Appellant in FIR No. 114 of 2008 dated 09.10.2008 is completely unsustainable - Appeal allowed.
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