THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.4419 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 C.C.No.2131 of 2021 on the file of the XIII Additional Judicial Magistrate Court, Rajendranagar, Cyberabad at Rajendranagar, District Ranga Reddy, against the petitioner.

2. Heard Mr. Yogeshwar Raj Saxena, learned counsel for petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. The petitioner is shown as accused No.3 in Crime No.250 of 2019 of Raidurgam Police Station, Cyberabad District for the offences under Sections 420, 474 and 120-B of Indian Penal Code (for short, ‘IPC’).

4. The prosecution case in brief is that the accused No.1 has created a letter addressing the District Collector, Ranga Reddy by forging the letter head and signature of the then Chief Minister for issuance of latest pahanies in respect of particular land. Upon enquiries, the Revenue Divisional Officer came to know about the fabrication of letter and forging the signature. Upon report the police investigated the matter wherein it came to light that the petitioner/accused No.3 on the instructions of the accused No.1 drafted/prepared the letter. Thus filed the charge sheet against the petitioner.

5. Learned counsel for the petitioner would submit that the petitioner is innocent and no way concerned with the offences. Further pleaded that he is only a typist/job service provider and on the instructions of the customer he would have prepared the letter. That apart, as per the charge sheet the police has not seized any material to prove his complicity in the offences. Therefore, continuance of proceedings would be abuse of process and prayed for quashment of the proceedings.

6. Learned Additional Public Prosecutor would submit that there is specific allegation against the petitioner and that though the petitioner is a typist by the contents of the letter it is clear that one would not prepare such letter unless there is involvement. Further the statements of circumstantial witnesses and the seized materials are indicating the knowledge and involvement of the petitioner. Thus prayed for dismissal of the petition.

7. I have perused the materials on record.

8. As per the charge sheet the petitioner as accused No.3 is involved in preparing the forged letter. The pleading that the petitioner is no way concerned and that he has simply provided service without involvement in the offence needs scrutiny of the materials collected by the prosecution during investigation. Further as the material is indicating prima facie case and drawing any conclusion at this stage that the petitioner is merely a typist would be premature and improper. For that reason, this Court finds no tenable ground for consideration much less for admission.

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

Miscellaneous petitions, pending if any, shall stand closed.

______________ N.TUKARAMJI,J Date:02-04-2025 ccm