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january 2024

Supreme Court of India · 2024-01-31

BHARAT SHER SINGH KALSIA vs STATE OF BIHAR

Citation / case number
SC 2021/18908
Court
Supreme Court of India
Petitioner
BHARAT SHER SINGH KALSIA
Respondent
STATE OF BIHAR
Author
AHSANUDDIN AMANULLAH
Bench
HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MS. JUSTICE HIMA KOHLI

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the petition to quash FIR No. 87 of 2011, which was registered under Sections 467, 468, 469, and 471 of the IPC for alleged fraudulent sale of property by misusing a Power of Attorney. The Court emphasized that the allegations of misappropriation and fraudulent sale were substantiated by the facts presented, thereby affirming the validity of the FIR and the cognizance taken by the Chief Judicial Magistrate. The judgment reinforces the principle that misuse of a Power of Attorney can lead to criminal liability under IPC provisions related to forgery and fraud.

BHARAT SHER SINGH KALSIA vs STATE OF BIHAR · Niyam