HONOURABLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION NO.6721 OF 2008 Dated 01-04-2011 Between: S. Venkataiah ……..Petitioner And: The State of A.P., rep. by its PP and another ………Respondents HONOURABLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION NO.6721 OF 2008 ORDER: This petition is filed under Section 482 of Cr.P.C for quashing the proceedings in C.C.No.349 of 2008 on the file of the Judicial Magistrate of the First Class, Mahaboobabad The petitioner herein was prosecuted for the offences under Sections 379, 420, 468, 471 of IPC alleging that he has committed theft of two cheques from the office of E.E, P.R. Mahaboobabad and forged the signature of the E.E, P.R office, Mahaboobbad and drawn an amount of Rs.6,86,400/- on 29.4.2006. The learned counsel for the petitioner has pleaded that the FIR does not disclose the name of the present petitioner and in the FIR lodged by the In-charge, E.E Office, P.R Mahaboobbad, he suspected Srinivas, Office Superintendent of E.E Office, P.R Mahaboobbad division and also one N. Rajaiah and the police during the course of the investigation excluded them and falsely implicated the accused in the present case. According to the charge sheet, during the course of investigation, the complicities suspected were not established and as such they were deleted and cited them as witnesses and the investigation discloses about the involvement of the present petitioner herein in commission of the said offence and as such he was charge sheeted. The learned counsel for the petitioner has pleaded that the investigation done by the investigating agency also does not establish the involvement of the accused in commission of the offence as the FSL report is not supporting the case of the prosecution. As per the allegations in the charge sheet, the accused previously working as Senior Assistant in E.E Office, P.R Mahaboobabad and during that period he also forged the signature of EE PR Division, Mahaboobabad and drawn an amount of Rs.86,400/- from Grameena Bank, Mahaboobabad and subsequently on verification of records and enquiry, the accused himself admitted his guilt before the superiors and requested them that he will remit the cash which was drawn by him. On humanitarian grounds keeping the family position, the superiors permitted the accused to remit the cash and on 18.2.2002 he remitted the cash of Rs.86,400/- vide pay-in-slip in the account of E.E.P.R. Division, Mahaboobabad. Subsequently, he was transferred to P.R. Division, Kuravi and while working there one day prior to 29.4.2006, he visited P.R. Division, Mahaboobad and went to the office table of Samala Srinivas, Superintendent, found cheque book and stamps of E.E.P.R Division, Mahaboobabad and none were available in the office room, torn two blank cheques bearing Nos.044913, 044914 from the midst of the cheque book and affixed the stamp of E.E.P.R Division, Mahaboobabad on the blank cheques and committed theft of the same. Subsequently forged the signature of the E.E.P.R. Division, Mahaboobabad by mentioning a fake name and drawn an amount of Rs.6,86,400/- from Andhra Bank, Mahaboobabad on 6.5.2006. Therefore, as per the said allegations, the accused has committed theft of the cheques from the E.E Office, P.R Mahaboobbad and forged the signatures and drawn the amount in the name of a fake person. The contention of the learned counsel for the petitioner is that FSL report is not supporting the case of the prosecution. Whether F.S.L report is supporting the case of the prosecution or not cannot be considered at this stage in this petition. It is for the prosecution to establish their case during the course of trial before the lower court and for the purpose of quashing the proceedings only the averments made in the complaint has to be taken into consideration and not the defence available to the accused. Therefore, as observed above, from the averments made in the complaint prima facie the offences under Sections 379, 420, 468, 471 of IPC are made out and the petitioner is not entitled for quashing of the proceedings as prayed for. In the result, the criminal petition is dismissed. ______________________ P.DURGA PRASAD,J. Date:31.03.2011. Gk. HONOURABLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION NO.6721 OF 2008 Dated 01-04-2011 Gk.