ORDER :

1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash proceedings against the petitioner/A-8 in C.C. No. 146 of 2014 on the file of First Additional Judicial Magistrate of First Class, Khammam.

2. The petitioner herein is a practicing Advocate and Legal Advisor to the Axis bank. A-1 to A-3 applied for loan under Kisan Credit Card Scheme “Kisan Power” of the Bank by submitting original R.O.R. title deeds, pattadar passbooks in respect of their lands as security in Axis bank, Wyra Road, Khammam. A-4 and A-5 executed documents as guarantors. The title deeds in favour of A-1 and A-2 were also registered in Sub-Registrar Office, Mahabubabad and in respect of A-3, simple mortgage deed was registered. A-1 availed loan of Rs.4,30,000/- on 03.11.2009. A-2 availed loan of Rs.7,80,000/- and A-3 availed loan of Rs.9,80,000/-. The bank authorities addressed a letter to Tahsildar, Narsimhulapet on 02.02.2012 to certify the genuineness of the original ROR title deeds which were deposited by A-1 to A-3 with their bank. On 14.02.20212, the Tahsildar informed that ROR title deeds/pattadar passbooks deposited with Axis bank at Khammam Branch in respect of A-1 to A3 are fake. It is alleged that A-1, A-2 and A-5 in collusion with guarantors A-4, A-6 Village Revenue Officer and A-7 Field Officer and A-8 Legal Advisor with an intention to cause wrongful loss to the bank authorities and for wrongful gain played fraud and obtained loan from the bank by giving security of the fake and fabricated ROR title deeds by fabricating and forging the signatures of revenue officials as security and used them as genuine and cheated the bank authorities. On the basis of complaint given by the second respondent herein, the police registered a case in Cr. No. 149 of 2012 against the petitioner for the offences punishable under Sections 468, 471, 420 read with Section 34 IPC and after investigation, the police filed charge sheet.

3. Heard learned Assistant Public Prosecutor for respondent No. 1-State and perused the material records.

4. The specific allegation against the petitioner herein is that A-1, A-2 and A-5 approached him and induced him and gave bribe of Rs.40,000/- (20,000+20,000) and the petitioner being Legal Advisor issued clearance certificate to sanction the loan without proper verification with the records of the office of Mandal Revenue Officer.

5. Learned counsel for the petitioner would submit that the petitioner is a legal Advisor and tendered legal opinion basing on the documents submitted to the bank authorities and he is nothing to do with the Rules of the bank and alleged fake documents, which were alleged to have been submitted by the A-1 to A-3. Learned counsel further submitted that upon perusing the documents submitted by the borrowers only, he tendered his legal opinion. As such, implication of the petitioner in the present case is nothing but abuse of process of Court. In support of his submissions, he relied on the judgment of Apex Court in Central Bureau of Investigation, Hyderabad vs. K. Narayana Rao, (2012) 9 SCC 512.

6. Learned counsel for the second respondent submits that the legal Advisor has to personally verify the records and then submit his opinion. In the instant case, the petitioner gave legal opinion in collusion with other accused to enable the accused to borrow loans by submitting the fake documents.

7. The question therefore to be determined is, even if the entire allegations in the charge sheet which are leveled against the petitioner are true, whether he is liable for prosecution for the alleged offences punishable under Sections 468, 471, 420 read with Section 34 of IPC?

8. A perusal of the allegations in the charge sheet indicates that the petitioner/A-8 legal Advisor of Axis Bank, Khammam was induced by the accused to give legal opinion without proper verification of the records of the M.R.O. office.

9. The said allegation was levelled in the charge-sheet only and there is no allegation attributed to