[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.6190 OF 2012 Dated 14-7-2014 Between:
K.N.Krishnamurthy @ Krishnamurthy Rao.
..Petitioner.
And:
The State of A.P. represented by its Public Prosecutor, High Court of A.P., Hyderabad.
…Respondent.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.6190 OF 2012 ORDER:
This petition is filed to quash C.C.No.3 of 2012 on the file of Additional Judicial First Class Magistrate, Anantapur for alleged offences under sections 420, 468, 471 read with 34 I.P.C.
Present petitioner is A.4 in the above referred case.
Advocate for petitioner submitted that husband of second respondent purchased property in the year, 1990 and that he was working as Engineer and subsequently, he was transferred to Nellore and he died in the year 2006. He further submitted that the second respondent filed private complaint in the year 2010 and the same was forwarded to police under Section 156 (3) Cr.P.C. and police filed the charge sheet in the year 2012.
He further submitted allegation is that sale deed is fabricated in the name of A.3 by all the accused in collusion in respect of the property belonging to her husband but there is absolutely no material to support the said version. He further submitted that second respondent till today has not filed any civil suit challenging that sale deed and therefore, it cannot be treated as fabricated document.
Learned Public prosecutor submitted that non- filing of the suit is not a bar to give a complaint or set the criminal law into motion.
I have perused the material papers filed along with quash petition.
As seen from the charge sheet, police after examining 12 witnesses, found that there is prima facie material supporting the allegation levelled against the petitioner.
Now the only objection of the petitioner is that since no civil suit is filed challenging the alleged fabricated document, this criminal complaint cannot be allowed to continue. But the objection of the petitioner cannot be accepted since aggrieved party can exercise his or her right both on civil side and criminal side. Here the second respondent has exercised only her criminal right and the police after due investigation found that there is prima facie material supporting the charges of Sections 420, 468 and 471 IPC.
Evidence collected during investigation cannot be weighed in a petition under Section 482 Cr.P.C. and it is for the trial court to appreciate the same after considering the objections raised on behalf of the opposite party.
On a perusal of the material, I am of the view that there are no grounds to quash the proceedings and therefore, this Criminal Petition is dismissed.
However, since the C.C. is of the year 2011, I feel that the trial court shall take up trial and dispose it of as expeditiously as possible without being influenced by any of the observations made in this order.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 14-7-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.6190 OF 2012 Dated 14-7-2014