THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15855 of 2024

ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioner/accused No.4 in C.C.No.955 of 2024 on the file of the learned III Additional Judicial Magistrate of First Class, Hanumakonda, registered for the offences punishable under Sections

465, 468, 471 and 420 of the Indian Penal Code, 1860 (for short ‘IPC’).

2. The brief facts of the case are that the complainant filed a private complaint before the trial Court stating that her late husband had purchased an open plot measuring Ac.285 square yards situated in Sy.No.533 (New: 533/A), Bhimaram Revenue Village, Hasanparthy Mandal, Hanamkonda, through a registered sale deed vide Document No.6090 of 2019 dated 04.03.2019 at the Joint Sub-Registrar Office, Warangal. He had constructed a small AC sheet room and was allotted a house number (H.No.31-1-388/1/1) within the GWMC limits. He later passed away on 07.07.2020 during the COVID-19 pandemic. Since his death, the complainant had been in possession and enjoyment of the property as its absolute owner without interference from anyone.

3. On 03.01.2024, the accused along with some antisocial elements unlawfully entered the property of the complainant, created a disturbance, and attempted to cause damage. Upon inquiry, the complainant discovered that the accused had fabricated a forged agreement of sale dated 04.10.1990, allegedly executed by Pingili Vijayapal Reddy and Bokka Devadasu in favor of one Kathi Yellaiah. The agreement was attested by the petitioner/accused No.4, a notary advocate, using stamp paper that was allegedly purchased by accused No.3 from a stamp vendor named M. Narayana. However, records revealed that this vendor was not registered during 1989–1990 in the District Registrar Office, Warangal.

4. The complainant further stated that the forged agreement was created to support a registered gift deed (Doc.No.28095 of 2019, dated 22.08.2019) in favor of accused No.1 and to fraudulently claim ownership of the property and that the accused conspired to fabricate two gift deeds and submitted forged documents in court to wrongfully gain property and mislead authorities. The complainant also noted that in a previous, similar case involving the same accused, a private complaint was filed under Section 200 CrPC, leading to registration of FIR No.162 of 2021 and filing of a charge sheet. The case was pending as C.C.No.1332 of 2021 before the III Additional JFCM, Hanamkonda. Despite filing complaints with the KUC Police Station and the Commissioner of Police, no effective action was taken. Therefore, the complainant approached the trial Court seeking strict legal action against the accused under Sections 465, 468, 471, and 420 IPC for fabricating documents and attempting to grab her property. Aggrieved thereby, the petitioner filed the present criminal petition to quash the proceedings against the petitioner.

5. Heard Sri Jagan Mohan Perumandla, learned counsel appearing on behalf of the petitioner as well as Sri M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing on behalf of respondent No.1 – State and Sri P. Hari Prasad, learned counsel appearing on behalf of respondent No.2.

6. Learned counsel for the petitioner submitted that the complaint and charge sheet do not disclose any prima facie offence against the petitioner/accused No.4 and that the petitioner is a 77-year-old senior advocate and notary, has been falsely implicated based on a mere allegation of attesting an agreement of sale dated 04.10.1990. He further submitted that the petitioner obtained his notary license only in the year 1999, making it impossible for him to have attested a document in the year 1990 and that there is no evidence or witness statement showing his involvement in the alleged forgery, and no specific role or benefit has been attributed to him in the execution of the said document or the subsequent Gift Deed dated 22.08.2019, wh