THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.8588 of 2008 ORDER: The petitioners 1 to 3/A1 to A3 are accused of offences punishable under Sections 420 and 468 I.P.C. in a preliminary charge sheet which was taken on file by the IV Additional Judicial Magistrate of the First Class, Chittoor in CC.No.760 of 2008. It is a case of alleged forgery of two cheques for Rs.20,00,000/- and Rs.22,00,000/-, said to have been issued by A1 and A2 as President and Member of an organization called ACTS, in favour of A3. The said cheques were passed by the Bank authorities and they were encashed. Thereupon, on a representation given by A1 to Branch Manager of Indian Overseas Bank, alleging forgery of the cheques with signatures of A1 and A2, the Bank Manager in turn gave report to the Police. When the investigation was in progress, the Sub- Inspector of Police, Chittoor I Town Police Station, suddenly filed preliminary charge sheet before the Magistrate showing A1 to A3 as absconding. The Magistrate by order dated 08.12.2007, took the case on file for the above offences against A1 to A3 and issued summonses to A1 to A3. It is not known as to why the Sub-Inspector of Police resorted to file preliminary charge sheet without completing investigation. Signatures in the cheques of A1 and A2 and also signature of the person in whose favour the cheques were drawn, are still to be verified by sending the disputed documents along with documents containing standard signatures of A1 to A3, through an expert. Without doing the said exercise, the Sub-Inspector of Police has chosen to rush to Court with preliminary charge sheet on mere suspicion. In my opinion, taking cognizance of the case for the above offences by the Magistrate is wholly unwarranted at that stage, without there being definite conclusion by the Investigating Officer to the effect that A1 to A3 committed the above offences. The Magistrate should have postponed issue of summonses to the accused and taking the case on file till after completion of investigation and production of total material before him. 2. In the result, order dated 08.12.2008 (mistakenly noted as 08.12.2007) of the IV Additional Judicial Magistrate of the First Class, Chittoor, taking the case on file and registering the same as CC.No.760 of 2008 and issuing summonses to A1 to A3, is hereby quashed with a clarification that it will not preclude the Police to complete further investigation in this crime and to file charge sheet/final report after collecting entire evidence therein. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:10.11.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8588 of 2008 Dt:10.11.2011 ysk