IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH TUESDAY THE TWENTYFOURTH DAY OF JUNE TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3133 OF 2012 Between:
Manepalli Allbert Jack Malick Singh & Anr. .. Petitioners/A-1 & A-2 V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of A.P.
Hyderabad & Anr. .. Respondents/Complainant Counsel for Petitioners : Sri P. Durga Prasad Counsel for Respondents : Public Prosecutor for R-1 Smt. I. Mamu Vani for R-2 The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3133 OF 2012 O R D E R :
This Criminal Petition is filed to quash FIR in Crime No. 2 of 2012 of Narsapuram [T] Police Station registered for alleged offences under section 468 and 471 of IPC against the petitioners/A-1 and A-2.
2. Heard both sides.
3. Advocate for petitioners submitted that allegation in the complaint is that petitioners have forged the signature of defacto complainant and used the forged document. He submitted that civil suits are filed challenging the same document and the correctness of document has to be decided in the civil matter, therefore, there is no prima facie offence warranting registration of FIR.
4. On the other hand, Advocate for second respondent submitted that first petitioner is a police constable and second petitioner is wife of first petitioner and the alleged agreement on the basis of which civil suits are filed is a forged document and as the petitioner is working in Police Department he is using influence and the correctness of the allegations will come to light only during investigation.
5. Considering the material papers filed along with this criminal petition and also submissions of both sides, I feel that this criminal petition can be disposed of directing the police to expedite investigation and with further direction not to arrest the petitioners till completion of investigation and filing of final report.
6. With the above observation, this Criminal Petition is disposed of.
JUSTICE S. RAVI KUMAR .
24/06/2014 I s L
N.B. Furnish CC today.
B/o. I s L.
// URGENT C.C. TODAY // HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 3133 OF 2012 Circulation No. Date:24/06/2014 Court Master: I s L Computer No. 20th Court Hall