K. Jagadeeswar, v. State Of Telangana,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6512 OF 2015 ORDER:

This Criminal Petition is filed by the petitioners/A1 to A3 under Section 482 Cr.P.C seeking to quash the proceedings in crime No.127 of 2015 of Mahaboobnagar Police Station, registered for the offence punishable under Sections 120b, 420, 465 and 471 I.P.C.

Heard the learned counsel for the petitioners and the learned Public Prosecutor (Telangana) for the State before notice to respondent No.2/de facto complainant and before admission.

The above said crime was registered on a private complaint of respondent No.2/de facto complainant, which was presented before the learned Magistrate at Mahaboobnagar under Section 200 Cr.P.C., and the same was referred to police investigation under Section 156(3) Cr.P.C. from which the police registered the crime and started investigation. The sum and substance of the accusation by the 2nd respondent is that there was a dispute between the de facto complainant and A1 in relation to a path way and there from A1 boregrudge and used the services of A2 and A3 as if attestors of promissory note by forging the signature of the de facto complainant and his wife by mentioning her name as Devi instead of Sridevi.

Undisputedly, on 05.03.2015, the 1st petitioner/A1 filed a civil suit in O.S.No.28 of 2015 on the file of Senior Civil Judge,

Mahabubnagar against respondent No.2 and his wife for recovery of Rs.4,87,692/- and the present private complaint is filed on 13.06.2015, after three months from filing of the suit by A1. As per the contention of the petitioners that it is after service of summons created a story in foisting the case, thereby they are entitled to the concession of bail.

Having regard to the facts and circumstances of the case, this application is disposed of giving liberty to the petitioners to surrender before the learned Magistrate and move for regular bail with notice to Additional Public Prosecutor and in such an event the learned Magistrate shall hear and grant bail on the same day with necessary conditions. Needless to say, at the post bail stage pending investigation, the presence of the petitioners before the Court can be dispensed with. In the event of police filing final report or any cognizance taken by the Magistrate, further remedy is left open to the petitioners.

Accordingly, this Criminal Petition is disposed of. Miscellaneous petitions pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date:23-07-2015 pab

IN THE HIGH COURT OF JUDICATURE AT

HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH *****

CRIMINAL PETITION No.6512 OF 2015 Between:

K.Jagadeeswar and two others ... Petitioners and The State of Telangana, rep., by Public Prosecutor and another ... Respondents DATE OF JUDGEMENT PRONOUNCED: 23-07-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgment?

Yes/No Yes/No 2.

Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

Yes/No 3.

Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

Yes/No