THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14814 of 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner-accused No.1 seeking to quash the proceedings against him in Crime No.263 of 2024 of Amangal Police Station, Cyberabad, registered for the alleged offences punishable under Sections 420, 419, 467 and 506 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’).

2. Heard Mr. J.Vijay Kumar Goud, learned counsel for the petitioner and Mr. E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State.

3. Learned counsel for the petitioner submitted that the petitioner is a practising Advocate, he is not involved in any of the alleged offences of forgery or cheating or withdrawal of the suit in collusion with another Advocate as alleged by the de facto complainant and that he is only a counsel on record. Hence, he prayed to quash the proceedings against the petitioner.

4. Learned Assistant Public Prosecutor submitted that the allegation against the petitioner is that he has acted in collusion with another Advocate by name Shankar and with their support, the daughter of the de facto complainant has signed on behalf of the de facto complainant and has not pressed the suit.

5. Perused the record.

6. The contents of the complaint point out that the daughter of the de facto complainant by name Shobha Rani impersonated the de facto complainant and signed on her behalf in collusion with the petitioner and others and not pressed the suit on 02.02.2023. The said allegation does not constitute the offence under Section 467 of IPC, as against the petitioner-accused No.1, who is the counsel on record. In view of the same and as the other offences alleged against the petitioner are punishable with less than seven (07) years of imprisonment, this Criminal Petition is disposed of, directing the petitioner to appear before the Investigating Officer on or before 04.12.2025 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of BNSS (previously section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. However, the petitioner shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same and shall complete the investigation strictly in accordance with law.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

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JUSTICE TIRUMALA DEVI EADA

13.11.2025 rev