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ABHAY MEHTA @ ABHAY KUMAR MEHTA v. THE STATE OF JHARKHAND

Supreme Court of India | Diary 5735/2023

Status

Order

Decided On

2024-12-03

Bench

HON'BLE MR. JUSTICE ARAVIND KUMAR, HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

ABHAY MEHTA @ ABHAY KUMAR MEHTA

Respondent

THE STATE OF JHARKHAND

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.5133 OF 2024 (@ SLP(CRL.) No. 2100/2023)

ABHAY MEHTA @ ABHAY KUMAR MEHTA & ORS. APPELLANT(S)

VERSUS

THE STATE OF JHARKHAND & ANR. RESPONDENT(S)

O R D E R

1. Leave granted.

2. The appellants invoked the jurisdiction of the High Court

under Section 482 of the Code of Criminal Procedure, 1973 to

quash the summoning order and the entire criminal proceedings

in Complaint Case No. 393 of 2022 for the offences punishable

under Sections 420, 467, 468, 471, 120B and 506 of the Indian

Penal Code, 1860. The legal heirs of the original owner

executed a registered power of attorney deed in favour of the

appellant No. 1 on 03.04.2017. A sale was effected by the

appellant No. 1 in favour of one Vivek Ranjan who in turn

executed another power of attorney in favour of appellant No.

1. Thereafter, the appellants effected the sale in favour of

the respondent No.2’s wife.

3. A private complaint was lodged by respondent No. 2’s wife

2

before the Chief Judicial Magistrate Court, Ranchi against

certain third parties in which the appellant No. 1 was shown

as witness. The statement was also given by the wife of

respondent No.2 to the effect that she has indeed purchased

the property and, thereafter, has been in continuous

possession. The appellant No.1 was examined as w...

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