PRABHA SHARMA Vs. STATE OF A P

JUDGEMENT

(1.) THIS criminal petition has been filed under Section 482 Cr.P.C by A-1- Prabha Sharma and A-2-Kishan Dev Sharma in C.C.No.469 of 2010 on the file of X Additional Chief Metropolitan Magistrate, Secunderabad to quash the proceedings therein.

(2.) BACKGROUND facts, in a nutshell, leading to filing of this criminal petition by A-1 and A-2 in C.C.No.469 of 2010, are:- The 2nd respondent-Arun Sharma presented a complaint in the Court of X Additional Chief Metropolitan Magistrate, Secunderabad alleging inter alia that he is one of the co-owners and joint possessors of the premises bearing No.5-4- 98, 5-4-99, 5-4-99/1, 5-4-99/2, 5-4-99/3, 5-4-99/4/1, 5-4-4/2 and 5-4- 99/4/3 (Old No.8577/A) admeasuring 636 square yards situated at M.G.Road, Secunderabad by virtue of a registered sale deed dated 4.11.1980. The petitioners herein executed an agreement of sale, dated 27.7.2006 in favour of K.Venkat Reddy and K.Lakshmi Rani forging his signature. The petitioners also forged his signature in the affidavit filed before the Estate Officer for securing freehold rights in respect of the property covered under registered sale deed dated 4-11-1980. The petitioners also executed a registered sale deed in favour of K.Venkat Reddy and Smt. K.Laxmi Rani after getting freehold rights. Thereupon, he filed O.S.No.17 of 2008 on the file of I Additional Chief Judge, City Civil Court, Secunderabad for partition and separate possession of his share in the suit schedule property and also for cancellation of the sale deed obtained by K.Venkat Reddy and K.Laxmi Rani. The Estate Officer, Secunderabad was impleaded as one of the defendants in the suit. The Estate Officer filed written statement in the suit. Then, he came to know that the petitioners herein forged his signatures in the affidavit of 'No Objection' for securing freehold rights in respect of the suit schedule property. He filed an application dated 28.1.1999 under the provisions of R.T.I Act and obtained certified copy of the affidavit of "No Objection" dated 01.8.2006. He came to know that the petitioners herein forged his signature on the affidavit of "No Objection". He presented complaint before X Additional Chief Metropolitan Magistrate, Secunderabad on 23.4.2009. The learned Magistrate forwarded the complaint to the Station House Officer, Market P.S under Section 156(3) Cr.P.C. Thereupon, the S.H.O. Market P.S., Secunderabad registered a case in Crime No.80 of 2009 for the offences under Sections 419, 465, 468, 406, 403 and 506 IPC read with 34 IPC and issued F.I.R. During the course of investigation, he examined five witnesses and recorded their statements under Section 161 Cr.P.C. He also secured the opinion of the hand-writing expert with regard to the signatures of the 2nd respondent appearing on the affidavit of "No Objection" and also on the application filed for grant of free hold rights. After completion of investigation, he laid charge sheet before X Additional Chief Metropolitan Magistrate, Secunderabad against the petitioners herein. The learned Additional Chief Metropolitan Magistrate took cognizance of the case for the offences under Sections 419, 465, 468, 406, 403 and 506 IPC read with 34 IPC against the petitioners herein and registered the case as C.C.No.469 of 2010 and issued summons returnable by 13.9.2010. Hence, this criminal petition by A-1 and A-2 in C.C.No.469 of 2010 seeking the relief stated supra.

(3.) WHEN the extension petition came up for consideration, with the consent of the counsel appearing for the parties, the criminal petition itself is taken up for consideration.