E ARVIND RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) All these petitions can be disposed of together since they emanate from the same crime.

(2.) The petitioners herein, who are A.1 to A.3 in the crime that has been registered against them along with others in Crime No. 239 of 2001 of P.S. Saifabad for the offences punishable under Ss. 406, 420, 465 and 471 read with S. 120-B of the Indian Penal Code, seek to quash the First Information Report. On a private complaint given by one K. Hanumantha Reddy, one of the respondents herein, before the Court of XV Metropolitan Magistrate, Hyderabad, and the same having been forwarded by the learned Magistrate to the Police for investigation, the case in Crime No. 239 of 2001 was registered against the petitioners herein and six others. The said Hanumantha Reddy is a permanent member in the Nizam Club, Hyderabad, - a society registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli ('the Act' for brevity). It is alleged, inter alia, in the complaint that A.1 to A.3 being the office bearers of the Club and A.4 being the member of the Managing Committee during the period from 1996 to 2000 allowed A.5 to A.9 to have obtained their membership by mis-representation, fabrication of false documents and evidence and thereby cheated the club. It is further alleged that A.1 to A.4 who held important positions in the club instead of administering the affairs of the club in accordance with the rules keeping the dignity of the club abused their power and conspired with A.5 to A.9 collected huge amounts from them while passing receipts only for an amount of Rs. 2,000/- each in their favour and enrolled them as permanent members of the club although on the basis of their credentials, antecedents and eligibility, they could not be enrolled as the members of the Nizam Club by fabricating and forging the documents and by creating false evidence in their favour and thereby cheated the club and committed criminal breach of trust.

(3.) A.1 and A.2 who knew that certain permanent members passed away and in their places their children could be enrolled as members of the club as per the rules, allowed A.5 to enrol herself as member as the daughter of one Mr. G. S. Reddy by impersonation; allowed A.6 as member of the club as the daughter of one Mr. P. Ramachander Rao by impersonation; allowed A.7 and A.8 as members by false and forged documents by representing A.8 as the daughter of one Mr. P. Laxminarayana Reddy by impersonation; and allowed A.9 to become as long term temporary member. The forged documents submitted by A.5 to A.9 to become the members of the club are in the custody of A.2 and A.3. A.1 to A.4 are the key conspirators in the conspiracy. The individual acts committed by A.1 to A.9 according to the complainant amount to cheating, criminal breach of trust, forgery, and using the forged documents as genuine for the purpose of ultimately cheating the club.