VISHNU KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition to quash the proceedings in C.C. No. 341 of 1979 on the file of the Court of the V Metropolitan Magistrate, Hyderabad.

(2.) A private complaint was filed before the V Metropolitan Magistrate Hyderabad. It was sent for investigation under S. 156(3) of the Cr.P.C. The Station House Officer, Nampally Police Station, after due investigation, filed the charge-sheet against the accused for offences punishable under sections 120-B, 468 and 471 of the I.P.C.

(3.) The case of the prosecution is that the complainant is the owner of the shops bearing municipal Nos. 5-7-568 to 5-7-575, situated at Nampally, Hyderabad and that A-3 and A-4 are the tenants. A-1 is the son of A-2. They have cloth business opposite to the shop of the owner i.e. the complainant. The complainant wanted to sell the shops as he was getting very low rent and he made this known to some of the accused. Therefore, A-3 and A-4 were afraid that the shops would be purchased by somebody else and A-3 and A-4 would be asked to vacate these shops. Therefore, A-1 and A-2 with the evil intention of getting the shop for a negligible price conspired with A-3 and A-4 and fabricated a document by using a revenue stamp containing the signature of the complainant in the Rokad of A-1 and also brought into existence a forged receipt for a sum of Rs. 10,000.00. On the basis of this document, A-1 filed a suit for specific performance of the agreement of sale. On the basis of the above facts mentioned in the charge-sheet, the learned Magistrate took cognizance of the offences punishable under Sections 120-B, 468 and 471 I.P.C.