ORDER:

This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners seeking quash of charge-sheet in C.C.No.340 of 2021 on the file of the Judicial Magistrate of First Class, Palasa, Srikakulam District.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the 2nd respondent State.

3. The petitioners herein are A-3 and A-4 in the above C.C.No.340 of 2021 on the file of the Judicial Magistrate of First Class, Palasa, Srikakulam District. They have been facing prosecution for the offences punishable under Sections 417, 419, 420, 468, 471 r/w.34 of IPC. The main allegation against the petitioners, who are A-3 and A-4, is that they have colluded with the other accused in this case and they all fabricated a registered sale deed in the name of the de facto complainant by resorting to impersonation. The petitioners herein have signed as attestors in the said sale deed knowing fully well that the person, who executed the said sale deed, is not the de facto complainant. After registering the crime to that effect, and after collecting evidence in proof of complicity of the petitioners in commission of the said offence, eventually, the Investigating Officer has filed the charge- sheet against the petitioners and other accused. The said case is now under trial before the trial Court.

4. Learned counsel for the for the petitioners would submit that except the confessional statement of co-accused that there is no evidence at all against the petitioners herein in proof of complicity of the petitioners in commission of the said offences. Therefore, he would pray for quash of the charge-sheet against the petitioners herein.

5. Learned Additional Public Prosecutor appearing for the 2nd respondent State opposed the Criminal Petition. He would submit that the allegations in the charge-sheet clearly show that the petitioners herein have deliberately colluded with the other accused and brought out the said sale deed in question which was registered in the Sub-Registrar Office by resorting to impersonation and the petitioners herein have signed as attestors in the said sale deed after receiving money for subscribing their signatures as attestors. Therefore, he would submit that in view of the seriousness of the allegations and the accusation made against the petitioners, the matter requires trial. So, he would pray for dismissal of the Criminal Petition.

6. The record reveals that the main allegation against the petitioners is that they have colluded along with other accused and brought out the registered sale deed in the name of the de facto complainant by resorting to impersonation. The record further revealed that the petitioners herein have signed as attestors in the said registered sale deed knowing fully well that the person, who registered the said sale deed, is not the de facto complainant. Therefore, these facts prima facie constitute the offences punishable under Sections 417, 419, 420, 468 and 471 r/w.34 of IPC. Therefore, the matter requires trial to ascertain the truth or otherwise of the said allegations ascribed against the petitioners. Mere paucity of the evidence to prosecute the petitioners, as pointed out by the learned counsel for the petitioners, by itself is not a valid ground for quash of the charge- sheet. It pertains to appreciation of the entire evidence that may be adduced by the prosecution during the course of trial in the final adjudication of the said case by the trial Court. Therefore, at this stage, this Court does not see any valid legal ground warranting its interference under Section 482 Cr.P.C. to quash the criminal proceedings launched against the petitioners. So, the Criminal Petition lacks merit.

7. Resultantly, the Criminal Petition is dismissed.

The miscellaneous petitions pending, if any, shall also stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:18.01.2022.

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