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K. SUJANA
Eronolla Lokeshwara S/o E. Muni Venkatappa – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the order dated 23.05.2024 made in Dis. No. 736 of 2024 on the file of the I Additional Junior Civil Judge cum XII Additional Junior Civil Judge cum XII Additional Metropolitan Magistrate, Medchal-Malkajgiri District, at Kukatpally. The petitioner is arrayed as accused No. 5 in FIR No. 909 of 2023 dated 04.11.2023 registered for the offences punishable under Sections 420, 406, 468 and 471 of the Indian Penal Code, 1860 (for short ‘the IPC’).
2. The brief facts of the case are that the respondent No. 2/de facto complainant lodged a complaint stating that along with one Mr. Vijay Parvathaneni, he was partner of M/s. Matrix Homes and Infratech Ventures LLP and despite holding 60% share in the said firm, the said Mr. Vijay Parvathaneni had not invested any capital in the company and borrowed funds for the purpose of entering into an agreement with M/s. White Lotus Structures Private Limited for property development of the land admeasuring 9680 square yards, Yalamanchili, in survey No. 68/P, Serilingampally, Madhapur, in which his mother has invested Rs.5 cro
The court affirmed that specimen signatures can be obtained for investigation purposes without arresting the accused, ensuring compliance with procedural rights.
Cooperation with criminal investigations under Section 91 Cr.P.C. does not necessitate prior arrest and the issuance of notices for signature samples is valid, preserving investigative authority.
The court upheld the admissibility of expert opinion evidence without requiring arrest, affirming protections against constitutional violations in evidence gathering.
A specimen handwriting or signature or finger impressions by themselves are no testimony at all being wholly innocuous because they are unchangeable except in rare cases where the ridges of the finge....
The court emphasized the need for custodial interrogation based on prima facie evidence of forgery, and highlighted the balance between personal liberty and societal interest in granting anticipatory....
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