THE HONOURABLE SMT.JUSTICE TIRUMALA DEVI EADA

ORDER:

This Criminal Petition is filed by the petitioners-accused Nos.4, 6 & 7 seeking to quash the proceedings Crime No.552 of 2025 on the file of Narsingi Police Station, Cyberabad, for the offences under Sections 318(4), 338, 336(3), 340(2) and 61(2) of BNS.

2. Heard Sri G. Bandaiah, 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 never forged any document and have never created any registered sale deeds as alleged by the de facto complainant and that the petitioners herein are only witnesses to the documents, and therefore, they cannot be charged with the said offences. He, therefore, prayed to quash the proceedings against the petitioners.

4. Learned Additional Public Prosecutor has submitted that the complainant is none other than the Sub Registrar and on due verification of the alleged documents with the originals, he lodged the complaint and that there is documentary evidence in this case, which needs to be subjected to trial and that it is not a fit case to quash the proceedings and therefore, prayed to dismiss the petition.

5. Perused the record.

6. The contents of the complaint discloses that the Sub Registrar in his complaint has stated that the petitioner No.1 along with one Bhattiprolu Srinivas Rao, posing as the legal heirs of one late BRK Rao, have executed a sale deed dated 24.12.2024 in favour of P. Monesh based on a previously registered sale deed in the name of BRK Rao. By perusing the said documents with the originals available in the records, the Sub Registrar grew suspicious. Subsequently one Bhattiprolu Surya Kishan has submitted a petition on 03.02.2025 alleging that the petitioners herein along with another person are trying to cheat the registration authorities to grab the property of Bhattiprolu Surya Kishan by creating fake documents. The said Bhattiprolu Surya Kishan has submitted a copy of the original sale deed, death certificate of his father BRK Rao and a Special Power of Attorney dated 19.12.2024 executed at the Sub Registrar Office, Rajahmundry in support of his petition. It is further borne out by record that the Sub Registrar has verified the said documents with the originals and also the documents produced by the petitioners herein and found that they do not tally with each other.

7. Thus, prima facie allegations point out the offences of cheating and forgery against the petitioner herein. The documents produced by the petitioners are found to be fake one, on verification by the Sub Registrar. Therefore, all these documents should be subjected to trial. The truth or otherwise in the allegations and the strength of the documents fall for consideration only during the course of trial. The investigation is still in progress. Therefore, it is not proper to quash the proceedings at this stage. Hence, the petition is liable to be dismissed.

8. Accordingly, the Criminal Petition is dismissed.

Miscellaneous Petitions, if any pending, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA November 06, 2025 KTL