Kotamraju Bala Padmaja And 3 Others v. The State Of A.P. And Another

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1997 OF 2016 ORDER:

1. This petition is filed by the petitioners-A3 to A6 under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.2 of 2016 on the file of Pattabhipuram Police Station, Guntur District, registered for the offence punishable under Sections 420, 468, 471, 120-B r/w 506 IPC.

2. Heard and perused the material available on record.

3. From the material on record, it is obvious that the petitioners and the 2nd respondent are the cousins by courtesy. The present complaint has arisen out of the family disputes between the 2nd respondent and the petitioners with regard to the property of their paternal uncle, who died issueless. The petitioners and the 2nd respondent are claiming to be legal heirs of their paternal uncle. It is alleged by the 2nd respondent that the petitioners with the help of A1 and A2 created forged will to defeat his rights, whereas it is the case of the petitioners that civil suits are pending between the parties and that they have not forged any documents.

4. Considering the facts and circumstances of the case, this Court is not inclined to interfere with the investigation in the above crime.

5. At this stage, the learned Counsel for the petitioners submitted that the petitioners are ready to co-operate with the investigating agency and produce all the documents, which are necessary for the purpose of investigation and that the petitioners are ready to give their specimen signatures as well as the hand writings, if they are necessary during the course of investigation. He further submitted that in view of the pendency of the above crime, the petitioners apprehend arrest.

6. In view of the above submission, the 1st respondent-police are directed to complete the investigation without arresting the petitioners. The petitioners are directed to appear before the 1st respondent-police as and when required, and co-operate with the investigating agency as stated by their Counsel before this Court. In case of failure on the part of the petitioners to co-operate with the investigating agency, the 1st respondent-police are at liberty to file an application before this Court to recall this order.

7. Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 18.2.2016 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.1997 OF 2016 DATED 18.2.2016 Nn