B.S.NEELAKANTA Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal revision case is filed against the order dated 26.08.2011 in Crl.M.P.No.4681 of 2011 in C.C.No.1037 of 2008 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad.

(2.) I have heard Sri T.Niranjan Reddy, learned Senior Counsel appearing for the petitioners/A1 & A2 and Sri B.Sudhakar Reddy, learned counsel appearing for the de facto complainant and the learned Additional Public Prosecutor representing the State.

(3.) The petitioners are A1 and A2 in C.C.No.1037 of 2008 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad. A charge sheet was filed against the petitioners alleging commission of offences under Sections 468 and 506 IPC. They are General Secretary and Vice President of Meridian Educational Society situated at Road No.7, Banjara Hills, Hyderabad. The indictment against them is that they fabricated a resignation letter of the de facto complainant who was the Vice President of the Society by forging his signature and submitted the said letter to the Registrar of Societies, Hyderabad with an intention to deprive him of his post of the Vice President of Meridian Educational Society and thereby cheated him. According to the de facto complainant, he applied for copies of registration of the society to find out the present position of the educational society and after obtaining copies, he was shocked to know that his name as Vice President of the society was replaced by a person by name Yugendhar, who is 2nd petitioner herein. He alleged in his complaint that without there being any meeting of the executive committee or general body or without conducting any fresh elections from 30.11.2001 to 05.12.2001 and without issuing any notice to him, he was replaced by the 2nd petitioner Mr.Yugendhar by fraudulent means. The 1st petitioner who is the General Secretary of the society removed his name by filing a forged and fabricated resignation letter before the registrar of societies as if it was submitted by the de facto complainant and got the name of the 2nd petitioner- Yugendhar, who is his relative, included as the Vice President of the Society.