THE HONOURABLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13187 of 2025

ORDER:

This Criminal Petition is filed by the petitioners-accused Nos.1 and 2 seeking to quash the proceedings in FIR No.1267 of 2025 on the file of Vanasthalipuram Police Station, Rachakonda for the offences under Sections 318(2), 336(3), 338, 319(2), 316(2) read with 3(5) of BNS.

2. Heard Sri Vempati Mallikarjuna Shastry, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-

State.

3. Learned counsel for the petitioners has submitted that the petitioners are alleged to have been running a Nursing School by creating a fake notarized sale deed, which is utterly false and that they obtained the premises on lease and have been running the Nursing School. That just because, there is a dispute between the de facto complainant and the petitioners due to the delay in payment of rents, the present complaint has been lodged, and therefore, he prayed to quash the proceedings against the petitioners.

4. Learned Additional Public Prosecutor has submitted that the allegations in the complaint and the statement of LW.1 reveal that a fake sale deed was executed during the period when the owners of the land were not in India and that it is a serious offence of forgery and hence, he prayed to dismiss the petition.

5. Perused the record.

6. The allegations in the complaint point out that initially a rental agreement was entered into between the de facto complainant and the land owners through the GPA holder to run Bhagyanagar School of Nursing in the said premises on a monthly rent of Rs.47,250/-. Accordingly, the rental agreement was reduced into writing and since then, it was extended from time to time. Subsequently, the rental terms were broken and the petitioners have been running the said school in the premises without any valid lease agreement and without any approval from the Telangana State Nursing and Midwifery Council or Indian Nursing Council. Inspite of repeated requests to vacate, they have refused to vacate the premises and created false documents claiming rights over the property and further created fake lease deed and false records of the Society by showing a person as the Member of the Society without her consent. Thus, the allegations prima facie point out the case under Sections 318(2), 336(3), 338, 319(2), 316(2) read with 3(5) IPC. The investigation is still in progress and the truth is yet to be unraveled. As there is prima facie case against the petitioners, it is not proper to quash the proceedings at this stage and the petition is liable to be dismissed.

7. Accordingly, the Criminal Petition is dismissed.

Miscellaneous Petitions, if any pending, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA October 27, 2025 KTL