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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA
Eronolla Lokeshwara S/o E. Muni Venkatappa – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. overview of case facts and parties involved. (Para 1 , 2 , 3) |
| 2. arguments against the issuance of notice under section 91. (Para 6 , 7) |
| 3. court's interpretation of issuance of notices and cooperation in investigation. (Para 10 , 11 , 12) |
| 4. legal interpretation of sections 91 and 311-a of cr.p.c. (Para 13 , 14 , 15) |
| 5. final dismissal of the criminal petition. (Para 18 , 19) |
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 6
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 affirmed that specimen signatures can be obtained for investigation purposes without arresting the accused, ensuring compliance with procedural rights.
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....
At CrPC Section 227 discharge stage, prima facie case assessed sans detailed evidence scrutiny; submitted photocopies qualify as primary evidence; investigating officers may obtain voluntary specimen....
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....
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