E.V.SATISH Vs. STATE OF A.P

JUDGEMENT

(1.) In this Criminal Petition filed under Sec. 482 of Cr.P.C, the petitioners/A.1 to A.4 seek to quash the proceedings against them in Crime No.74 of 2013 of Alipiri Police Station, Tirupati Urban, for the offence under Ss. 464, 465, 467, 471 and 420 read with 34 IPC.

(2.) The private complaint filed by the 2nd respondent herein, was referred to the Police by the learned IV Additional Judicial Magistrate of First Class, Tirupati under Sec. 156(3) Cr.P.C for investigation, which was registered as Crime No.74 of 2013 and investigation is reported pending.

(3.) The brief facts of the complaint are that the complaint mentioned A to C schedule properties belong to the 2nd respondent and the 1st petitioner/A.1 filed a suit for specific performance in O.S.No.9 of 2013 under agreement of sale dtd. 2/7/2009 executed by the 2nd respondent for a sale consideration of Rs.15.00 lakhs and paid a sum of Rs.10.00 lakhs on the date of agreement of sale as advance and subsequently, paid Rs.4.00 lakhs on 25/3/2010 and made endorsement on the rear side of the agreement of sale and the balance sale consideration of Rs.1.00 lakh will be paid at the time of the registration. It is further alleged that the 2nd respondent never executed any agreement of sale in favour of the 1st petitioner/A.1, and figured the petitioners 2 and 3/A.2 and A.3 as attestors and 4th petitioner/A.4 as scribe of the agreement of sale and all the petitioners/A.1 to A.4 with connivance, forged the alleged agreement of sale and with a dishonest intention, showed the same as a genuine document, in order to grab away the subject property. All the accused, with a common intention, at the inception, created a forged and fabricated document by forging the signature of the 2nd respondent and shown the same as genuine. When the 2nd respondent approached the Police and presented a report, they refused to receive the same stating that it is purely a civil dispute. Therefore, the 2nd respondent presented a private complaint before the IV Additional Judicial Magistrate of First Class, Tirupati and the same was forwarded to the Police. A case in Crime No.74 of 2013 was registered by Alipiri Police Station, Tirupati and the same is now pending for investigation. Aggrieved by the same, the petitioners/A.1 to A.4 filed the present criminal petition seeking to quash the proceedings in Crime No.74 of 2013 of Alipiri Police Station, Tirupati.