THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5069 of 2010 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by the petitioners – Accused seeking to quash the proceedings in Crime No.644 of 2010 of L.B.Nagar Police Station, Cyberabad, whereby they are facing charge for the offence punishable under Sections 468, 419 and 420 of IPC. 2. Heard both sides. 3. The allegation against the petitioners herein is that they executed sale deed of plots owned by the 2nd and 3rd respondents’ father on the pretest of execution of a power of attorney by the respondents’ father. The respondents-complainants stated in their complaint that there was no such execution of power of attorney by their father and further the said power of attorney is executed in the year 1973. But, the petitioners-accused executed the sale deed in the year 2007 after the death of the respondents’ father and the petitioners have declared at the time of execution of sale deed as if the respondents’ father was alive and they also affixed his photograph in the sale deed. 4. Learned counsel for the petitioners submitted that the petitioners are not aware of the fact whether the respondents’ father was alive or not at the time of execution of the sale deed and further contended that when the irrevocable power of attorney is executed for consideration, even after the death of the person concerned, the same will continue to be in operation. Hence, the petitioners have not committed any offence and he further submitted that the complaint is lodged belatedly. The father of the respondents 2 and 3 died in the year 2004, whereas the complaint lodged in the year 2010 on the ground that the petitioners herein executed sale deed in the year 2007 by forging a document as if that a power of attorney is executed by the father of respondents 2 and 3. 5. After perusal of the record and considering the said facts, this Court is of the view that there is factual dispute regarding the allegations and the counter allegations. Hence, this Court is not inclined to interfere with the investigation at the stage and further without knowing whether the executant of the power of attorney is alive or not, the petitioners gave a declaration before the Sub-Registrar’s office that the power of attorney is alive. 6. Learned counsel for the petitioners in support of his contentions, relied on the decision reported in ‘BHOOM RAJ v.STATE OF A.P.’[1] wherein the appellate Court at paragraph 8 observed as follows: “From the above decisions, and contents of text books is clear that if the power is coupled with the interest it does not come to an end due to death or insanity. Learned counsel mainly contends that irrevocable power of attorney does not come to an end as it is executed in favour of the office bearers of the society and the society paid the consideration. It is further contended that as society paid the consideration, the general power of attorney does not come to an end due to death, as the authority is created coupled with interest. In any view of the matter, that has to be left open to be adjudged by the Civil Court or the Land Grabbing Court. Suffice it to say, ex facie the authority is created coupled with interest and it is irrevocable due to the subsistence of interest.” 7. It is true that the said proposition is binding and at the same time, the facts of the case are totally different as far as the present petition is concerned. Here, the respondents disputed the fact of execution of the power of attorney itself. Whereas, in the decision cited by the learned counsel for the petitioners, the same was accepted that the power of attorney was executed. 8. Hence, this Court is of the view that this is not a case to interfere at this stage. Hence, the Criminal Petition is dismissed. If the petitioners apprehend arrest in the hands of the respondent-police, they are at liberty to approach the District and Sessions Judge by filing a petition for anticipatory bail. If the petitioners filed any such application, the District and Sessions Judge is directed to consider the same favourably. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 4th August 2011, Rns. [1] 2002 ALT (Crl)2-313, 2002 ALD(Crl)2-223