THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 5120 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings in Crime No.72 of 2025 of Vemulawada Town, Police Station, Rajanna Sircilla District, against the petitioner.

2. The petitioner is arrayed as accused No.1 in Crime No.72 of 2025 registered for the offences punishable under Sections

318(4), 338, 336(3), 340(2) r/w 3(5) of BNS, 2023.

3. Heard Ms. R.Madhavi Latha, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State.

4. The prosecution case in brief is that a registered document of the de facto complainant, without his knowledge and consent and by impersonation and creating fake aadhar card certified by the petitioner and another, has been cancelled and sold to a third party.

5. Learned counsel for the petitioner would submit that the petitioner is no way involved in the offence and he has been falsely implicated in the offence. Further asserted that the alleged disputed documents were executed before the Sub-Registrar. Thus the contention of impersonation cannot be sustained. Above all, the allegations are of civil in nature and the police report is foisted with coloured version. He also pleaded that the petitioner underwent liver transplantation surgery and undergoing treatment, however ready to cooperate with investigation and accused Nos.2 to 4 were enlarged on bail. Thus prayed for allowing the petition.

6. Learned Additional Public Prosecutor opposed the petition and pleaded that there are specific allegations of impersonation and creation of false documents by the petitioner and he is absconding the process. The investigation is underway but pending for securing the presence of the accused. Hence prayed for dismissal of the petition.

7. I have perused the materials on record.

8. As per the prosecution the petitioner is lynchpin of the offence. The disputed alleged document is with the photographs of the petitioner evidencing his presence in execution of the doucment. On the top of it the petitioner is avoiding judicial process. Having considered these aspects and as the investigation is pending for securing the petitioner’s presence, this Court finds no tenable ground for positive consideration of the petitioner.

9. For the aforesaid reasons, in the absence of merit, this petition is liable to be and is accordingly dismissed.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date:11.04.2025

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