GODAVARTHI VIJAYA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The 2nd respondent in this petition had filed a complaint registered as Crime No.418 of 2020 in T.Narasapuram Police Station, West Godavari District under Section 468 r/w 34 I.P.C., against the petitioner herein and five others. The complaint was that the petitioner herein along with other accused in the complaint had fabricated and forged patta document for the purposes of illegally occupying the land of the 2nd respondent and had infact forcibly occupied certain parts by removing the survey stones etc.

(2.) Sri M.P.V.N.V.Sastry, learned counsel for the petitioner submits that the provisions of Section 468 I.P.C. would be attracted only where forgery is committed for the purpose of cheating. He submits that there is no such allegation of cheating anywhere in the complaint and at best the complaint is one of forgery for the purposes of forcibly occupying the land of the 2nd respondent. At best this would amount to a forgery under Section 463 I.P.C., or Section 466 I.P.C., punishable under Section 465 I.P.C for a period of two years.

(3.) The learned counsel for the petitioner would also submit that there is no cheating or forgery of any document by the petitioner and the present complaint is part of an attempt by the 2nd respondent to take over the land which is not owned by him.