THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.6543 OF 2019

O R D E R:

This Criminal Petition is filed by the petitioner/A-3, seeking to quash proceedings in C.C.No.17 of 2018, on the file of X Additional Chief Metropolitan Magistrate, Secunderabad.

2. Heard the leaned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent-State.

3. The petitioner herein was arrayed as A-3 in the case filed by Gandhinagar Police. The case was filed against A-1 to A-7. The allegation against all the accused is that the building permission was given in respect of premises at Ranigunj, Secunderabad on 16.07.2015. While granting permission, 10% of built up area was mortgaged by way of simple mortgage in the year 2015, by the Sub-Registrar Office, Secunderabad. A-1 purchased the subject property in the name of his mother. In respect of said building, an application for issuance of Occupancy Certificate was made on 22.02.2016 and the same was rejected by the Municipal Office on 29.02.2016. Thereafter, A-1 prepared a fake document showing release of property from mortgage. The documents produced by A-1 are (1) True copy of fake authorization letter purportedly issued by the Chief City Planner, GHMC, (2) True copy of fake Occupancy Certificate dated 26.02.2016, (3) True copy of release of mortgage deed dated 03.03.2016 from the office of Sub- Registrar, Secunderabad, and (4) Copy of statement of Encumbrance on property.

4. The complaint was filed by the Deputy Commissioner, GHMC with the Police. The Police during investigation identified 7 accused as the persons, who are to be tried for the offences of criminal conspiracy, cheating, and fabrication of records. The allegation against this petitioner is that he paid an amount of Rs.1,00,000/- to A- 2 and was introduced to A-1. Thereafter, this petitioner/A- 3 approached A-4 who was working as an Agent dealing with GHMC and other offices. A-4 agreed to arrange for release of mortgage property, and accordingly, a forged authorization letter was prepared. Thereafter A-3, contacted A-6, who was working as contract employee at GHMC. A-6 in turn introduced A-5. A-5, who was working as an Attender, accepted to act as an authorized person and signed as impersonating another person. A-4 prepared a fabricated Occupancy Certificate, forging the signature of GHMC Commissioner, and put fake rubber stamp and seal and handed over the same to A-3/petitioner herein. Further, A-3 arranged for A-6 and A-7 to sign on the mortgage release deed at SRO Secunderbad.

5. Learned counsel appearing for the petitioner would submit that petitioner is neither the employee in Sub- Registrar Office, Secunderabad nor in GHMC. He is a private person, and the question of the petitioner fabricating documents does not arise. The entire allegations against the petitioner are on the basis of confession of A-2 and other accused. Since the confession cannot be relied on to prosecute an accused, proceedings have to be quashed.

6. As discussed above, investigation revealed that there are several transactions in which the petitioner was involved. Petitioner arranged for two persons to act as witnesses for execution of fake documents. Whether the petitioner was working in the said Office and whether he had knowledge of execution of the said documents, are factual issues that have to be decided during the course of trial. This Court, under Section 482 of Cr.P.C., cannot adjudicate issues of facts, to decide the correctness or otherwise.

7. Accordingly, the Criminal Petition is dismissed. Miscellaneous applications pending, if any, shall stand closed.

_________________ K.SURENDER, J Date: 28.02.2025 dv