G.V.ANNA RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This petition is filed by the petitioners-A1 to A3 under Sec. 482 Cr.P.C. to quash the proceedings in CC No.998 of 2015 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad.

(2.) The case of the petitioners in brief was that the 2nd respondent-de facto complainant and the 1st accused were own brothers. The complainant lodged a private complaint before the XI Additional Chief Metropolitan Magistrate, Secunderabad submitting that the mother and father of the complainant died in the year 2013. During the lifetime of their father, he used to look after the ancestral agriculture and plotted property situated at Telladeverapalli, Thiruvuru, and the plot at Jubilee Hills. In the year 1986, while the complainant was working as an Engineer in Grindwell Norton Limited, Renigunta, Thirupati and his brother (LW.2) was working at Chennai, for convenience in obtaining agricultural loans, he and his brother signed on blank stamp papers and two white papers and kept the same with their father. A1 and their father with the help of A2 and A3 conspired and created a Memorandum of Partition by using the said papers. The complainant and LW.2 never signed on the said Memorandum of Partition and the said document was created by A1 to A3 and their father. The property which was not in existence was also mentioned as fell to the share of the complainant in the forged document. A1 was born on 9/8/1969 but the age of A1 was mentioned in the forged document as 20 years and he signed as a party to the forged document. The age of A1, as on the date of the forged document, was 17 years (minor). This, itself would show the criminal intention of A1 in getting the forged document in existence causing wrongful loss to the complainant and LW.2, and wrongful gain to A1 with the help of A2 and A3. A1 admitted in cross-examination in O.A .No.706 of 2005 in the Court of Junior Civil Judge, Thiruvuru that he was born in Madras City in St. Isabel 's Hospital and denied that he was born on 9/8/1969. This would also establish that he was a minor as on the date of bringing the forged document in existence. The plot bearing No.484 admeasuring 1200 square meters, situated at Jubilee Hills Cooperative Housing Society got registered in the name of A1 when he was minor at the time of registration of the sale deed by the Society. A1 got registered the sale deed directly in his name to deprive the legitimate rights of the complainant and LW2 in the said plot. At the time of allotting the land by the Society, A1 was not born. On the date of fabrication of the forged document on 9/7/1986, the complainant attended his duties at Renigunta, Thirupati. The complainant obtained a certificate from the company to establish that he attended duty on the said date and the copy of the muster rolls in the month of July, 1986 was also obtained from the company. When A1 informed the complainant about the Memorandum of Partition in the year 2006, the complainant filed a suit for partition in O.S. No.442 of 2006 on the file of II Additional Chief Judge, Hyderabad in respect of all the properties. The complainant also gave a complaint to the Inspector of Police, Karkhana Police Station. The Police registered a case in Crime No.107 of 2014 for the offences under Ss. 120-B, 406, 420, 416 and 471 IPC, but without conducting proper investigation filed a final report that the case was civil in nature. A1 to A3 with a dishonest intention to cheat the complainant and LW.2 conspired together and brought the forged Memorandum of Partition into existence. The said complaint was taken into cognizance by the Court and registered as CC No.998 of 2015.

(3.) Heard the learned counsel for the petitioners and the learned counsel for the 2nd respondent.