Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to file this instant Memorandum of Criminal Petition under section 482 Cr.P.C seeking quash of the charge sheet in C.C.No. 546 of 2018 on the file of the Court of Hon'ble I Addl. Judicial First Class Magistrate, Tenali, Guntur District.

IA NO: 1 OF 2022 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the certified copy of the Charge Sheet in C.C.No. 546 of 2018 on the file of the Court of 1st Addl. Judicial First Class Magistrate, Tenali, Guntur District, in the interests of justice.

IA NO: 2 OF 2022 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant of stay of all further proceedings including the appearance of the Petitioners/AccusedNo.8 & 9 in C.C No. 546 of 2018 on the file of the Court of 1st Addl. Judicial First Class Magistrate, Tenali, Guntur District, pending disposal of the Quash petition and pass

Counsel for the Petitioner/accused(S):

1. SIVA RAMA KRISHNA KOLLURU

Counsel for the Respondent/complainant(S):

1. SRINIVASA RAO NARRA

2. PUBLIC PROSECUTOR (AP)

The Court made the following:

ORDER:

Heard, Mr. K. Siva Rama Krishna, learned counsel for the petitioners/accused Nos.8 & 9, Mr. Srinivasa Rao Narra, learned counsel for the de facto complainant, and Mr. Neelothpal Ganji, learned Assistant Public Prosecutor representing the Respondent-State.

2. Learned counsel for the petitioners would submit that the present Criminal Petition has been filed seeking to quash of the charge sheet in C.C.No.546 of 2018 on the file of the learned I Additional Judicial First Class Magistrate, Tenali, Guntur, registered for the offences under Sections 120(b), 468, 471, 420, 447 read with 34 of IPC.

3. Learned counsel for the petitioners would further submit that, insofar as the petitioners/accused Nos.8 & 9 are concerned, the complaint contains no specific allegations against them, except stating that they are being attesters to the Document No.2820/2012, dated 23.04.2012, on the file of Sub-Registrar Office, Kothapet, Tenali-I. He would draw the attention of this Court to the charge sheet which filed pursuant to Crime No.61 of 2015, which also does not indicate anything against the petitioners/accused Nos.8 & 9, except reiterating the allegations made in the complaint. The relevant portion of the charge sheet reads as follows:

“As per the intention of A1 to A4, first A2 & A3 executed a Gift Deed for the same property for an extent of 1323 Sq. yards worth Rs.26,46,000/- in favour of A1 with S.R.O., Kothapet, Tenali-I vide in Doc.No.2820/2012, dated 23.04.2012 and the document was prepared by A7 by changing his name as G. Chandra Sekhar Reddy and the document was attested by A8 & A9”.

4. Learned counsel for the petitioners would further contend that, except for the aforesaid statements, there is nothing against the petitioners/accused Nos.8 & 9. He would further submit that the petitioners have been intentionally arrayed as accused in Crime No.61 of 2015, and in the charge sheet, the same is fortified, which indicates that the investigation so done by the Investigating Officer is totally without any application of mind to the facts and circumstances and also to the legal aspects which does not constitute the offence.

5. Learned counsel for the petitioners would further submit that taking into account that there are no valid allegations to constitute any offence against the petitioners/accused Nos.8 & 9 under Sections 468, 471, 420, 447 read with 34 IPC and the ingredients of the aforesaid Sections are not at all attracted to the petitioners/accused Nos.8 & 9.

6. Learn