IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46808 of 2007 RAJ LAXMI SINHA Versus THE STATE OF BIHAR & ANR ----------- 05 05.03.2009 Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for opposite party no.2. The petitioner is aggrieved by the order of cognizance dated 7.6.2007 under Sections 420, 423/34 and 120B of the Indian Penal Code in Complaint Case No. 528C of 2007 by the Judicial Magistrate, Ist Class, Patna. Learned counsel for the petitioner submits from the allegations in the complaint itself that it were the two named accused Arvind Kumar and Alok Kumar, who duped the complainant by representing that they were asking her to execute an agreement of sale and on that pretext obtained a power of attorney with regard to her lands and on the basis of same sold it to the present petitioner and others. It is submitted that the petitioner is a bona fide purchaser for value from the power of attorney holder. There is no allegation in the complaint that the petitioner purchased the lands in question, fully aware of the fraudulent nature of the power of attorney in collusion with the other accused. Learned counsel for opposite party no.2 2 finds it difficult to meet the objection that the petitioner is a bona fide purchaser for value from a power of attorney holder. The opposite party no.2 is stated to have already filed a Title Suit, for annulment of the sale deed, executed in favour of the petitioner, in pursuance of the aforesaid power of attorney. This Court is satisfied in the facts and circumstances of the case, the petitioner being a bona fide purchaser for value from power of attorney holder and a civil suit filed for annulment of the sale-deed questioning the power of attorney itself having already been filed to allow the present prosecution to continue against the present petitioner shall be a clear case of misuse of the process of criminal law. The entire proceedings in Complaint Case No. 528C of 2007 against the present petitioner, accused no.9, only is quashed. The application stands allowed. P.K. (Navin Sinha, J.)