T.Manohar v. State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6842 OF 2016 ORDER:

This petition is filed by the petitioner-A28 under Section 482 Cr.P.C. seeking to quash the proceedings against him in Crime No.18 of 2016 on the file of Balaji Nagar Police Station, Nellore, SPSR Nellore District, registered for the offence punishable under Sections 420, 467, 468, 471, 472, 120B and 419 r/w 34 IPC. Heard and perused the material available on record. It is alleged that A1 and A2 are running business in premises D.No.16.6.223, Srinivasa Agraharam, Nellore under the name and style of Atlantic Tires and Service creating false documents with forged signatures and they are using the forged documents as genuine and they are also using counterfeit seals for the purpose of cheating banks for wrongful gain. It is alleged that the petitioner and A27, who are advocates, fraudulently gave legal opinion for sanction of the housing loans to A1 and A2.

Learned Counsel for the petitioner submitted that the petitioner gave opinion purely basing on the documents provided by the bank officials along with the loan application and he did not commit any offence.

Considering the facts and circumstances of the case and the allegations made against the petitioner, this Court is not inclined to grant the relief sought by him. However, the 1st respondent-police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioner. In the event of necessity, the 1st respondent-police are directed to issue a notice to the petitioner to appear before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioner is directed to appear before the investigating agency and give an undertaking as to his future appearance as and when required for the purpose of investigation.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 29.4.2016 KTL HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.6842 OF 2016 DATED 29.4.2016 Nn