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2020 (7) TMI 819 - HC - Indian LawsInvocation of extraordinary jurisdiction of this Court under section 482 Cr.P.C. - locus of opposite party no. 2- Kaptan Singh to ignite the instant criminal prosecution - HELD THAT:- It is undisputed that the contesting parties have entered into an agreement to sell on 27.10.2010 and from the FIR, it has been borne out that on 05.08.2015, the alleged Power of Attorney was executed by Mrs. Munni Devi in favour of Kaptan Singh but astoundingly no power of attorney in this regard has been annexed with the record. There are balled averments, conferring this stature of Kaptan Singh (opposite party no. 2), which cannot be accepted on its face value. For all the practical purposes, he is rank outsider and stranger to the ‘surreptitious’ deal, therefore, the criminal prosecution initiated at his behest would lead into nullity. In all fairness, he ought to have annexed the Power of Attorney allegedly executed by Ms. Mamta Devi in his favour with the counter affidavit. On the strength of bald Power of Attorney the opposite party no.2 Kaptan Singh has initiated the criminal case. Section 482 envisages inherent power to the High Courts to pass necessary orders for securing the ends of justice. In the case of Indian Oil Corporation v. NEPC India Ltd [2006 (7) TMI 575 - SUPREME COURT], the Division Bench of Hon'ble Apex Court reviewed the precedents on the exercise of jurisdiction under section 482 Cr.P.C., and formulated the guiding principles holding that In the instant case, there are two documents, annexed by the applicants. Though both the documents were executed on 27.10.2010 and signed by the contesting parties, this Court is at serious loss to spell out the genuineness of the aforesaid documents either way. Moreover, the civil courts are seized with the mater and they are required to adjudicate the pivotal question by taking evidence at their discussion on the point. The present application filed under Section 482 Cr.P.C., is allowed.
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