LAWS(TLNG)-2023-8-64

RACHAKONDA SRINIVAS RAO Vs. STATE OF TELANGANA

Decided On August 17, 2023
Rachakonda Srinivas Rao Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings in C.C.No.5631 of 2019 on the file of Principal Junior Civil Judgecum-VIII Additional Metropolitan Magistrate at Kukatpally.

(2.) The petitioner was working as Joint Sub-Registrar in the Registration Office at Kukatpally. A1 was practicing Advocate in Nampally Court. He colluded with real estate brokers and other persons for the purpose of fabricating documents and selling plots to third parties. The plots were not owned by A1. In the present case, Sy.No.156/1/2 in Mailardevipally limits belongs to TNGOs House Building Cooperative Society Limited. Since it was unguarded, the accused have entered into criminal conspiracy to execute sale deeds. A1 along with other accused forged signatures of President and Secretary of the Society on a resolution, which was prepared on a duplicate letter, duplicate seals and stamps were used to project the document as genuine. Nine sale deed documents were prepared on non judicial stamp papers and executed in favour of the accused Nos.6 to 14. All the said documents were registered on the same day. A2 executed the said documents using fabricated resolution of the society, while A4 and A5 attested the documents as witnesses, though they were aware that registrations are false and made on the basis of fabricated documents.

(3.) The allegations against this petitioner is that he in collusion with A1 used photographs of A3 as a purchaser of four documents which are registered sale deeds bearing Nos.5622/16, 5623/16, 5624/2016 and 56225 of 2016 in favour of four witnesses who were examined during investigation. The photograph was that of A3. However, the details and addresses were of the witnesses who were examined. It is alleged that A3 had impersonated and on the very same day, four documents were executed i.e., on 24/5/2016. Further, on the said date, five other documents were also registered by this petitioner at the instance of A1 in favour of A6, A7, A8 and A9, who were accused and another witness who was examined as L.W.5 Suresh Kumar.