Nilesh Babubhai Nayak got the power of attorney executed in his name by misrepresentation and though it was told that the power of attorney is executed for the purpose of execution and management he got the power of attorney executed in his name with the power to sell the aforesaid property and subsequently he sold the disputed property in question in favour of applicants nos.2 and 3-original accused nos. 3 and 4- wife and son of original accused no.2. It is further alleged and averred in the said FIR that at the time when original accused no.1 got the power of attorney executed by misrepresentation, applicant no.1 herein-original accused no.2 also remained present and in fact he initially insisted the original complainant to sign on each and every page of the power of attorney, however, subsequently obtained the signatures on the power of attorney hurriedly. It is further alleged that as applicants nos. 2 and 3-original accused nos. 3 and 4 are the beneficiaries as the sale deed was executed in their favour by original accused no.1 pursuant to the aforesaid power of attorney, applicant nos. 2 and 3 are also arraigned as an accused, though it is alleged in the FIR that all accused persons have committed the offences under Sections 420, 406, 465, 467, 468, 471 and II4 of the Indian Penal Code. Hence, the applicants have preferred the present application under Section 482 of the Code of Criminal Procedure to quash and set aside the impugned FIR.
