Movva Koteswara Rao v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.3345 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioner/ accused in Crime No.40 of 2016 on the file of Station House Officer, Mangalagiri Police Station, Guntur District registered for the offences punishable under Sections 420, 468 and 471 IPC. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

It is evident from the material on record that the Tahsildar, Mangalagiri lodged a complaint to the police wherein the petitioner herein is alleged to have got possession of the lands in question by forging and creating false documents to the authorities and on perusal of such documents, the alleged act of forgery and falsification of documents committed by the petitioner was found by the authorities and cheated the revenue officials. It is further alleged that the petitioner by forging the signature of Tahsildar and by creating false documents sold the lands and thereby cheated the second respondent/de facto complainant.

A perusal of the complaint and the material on record would reveal that as there were specific allegations made in the complaint against the petitioner, prima facie, a case is made out against him, the truth or otherwise of which have to be necessarily investigated by the investigating agency during the course of investigation and the same cannot be determined by this Court at this stage in exercise of jurisdiction under Section 482 Cr.P.C., and hence, the criminal petition is liable to be dismissed.

Accordingly, the Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending, shall stand closed.

_______________ RAJA ELANGO, J Date: 15-03-2016 Ksn