THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CRIMINAL PETITION NO.5621 OF 2008 DATED: 28-9-2011 BETWEEN: K.SUDHIR BABU .. PETITIONER/A3 AND STATE OF A.P. REP. BY ITS P.P. .. RESPONDENT THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CRIMINAL PETITION NO.5621 OF 2008 O R D E R: The petitioner has filed this Criminal Petition under section 482 of Criminal Procedure Code for quashing F.I.R.No.376 of 2008 on the file of Madhapur Police Station, Cyberabad qua him. It has been averred that the petitioner is a businessman and he is doing business in real estate and construction under the name and style “ K.S.Builders ”. It has been averred that there are no allegations in the FIR against the petitioner/A3 and that he is not concerned in any manner with the controversy in the said FIR. The petitioner/A3 has also averred that a perusal of the FIR would clearly reveal that neither there are any allegations against the petitioner/A3 nor against “ K.S.Builders ”. Even in the statement given by LWs.1 to 3, it did not disclose the petitioner to have committed any crime. Learned counsel for the petitioner/A3 submits that neither there is any allegation against the petitioner-Sri.K.Sudhir Babu in which he has business interest. He further submits that a bare perusal of the FIR would show that there are allegations against A1-Sri.A.Gopal Reddy and A2-Sri.Srisailam Yadav, where as no part has been attributed to the petitioner/A3 and therefore continuance of the FIR against the petitioner herein is an abuse of court. Learned Public Prosecutor on behalf of the State admits that there are no allegations in the FIR against the petitioner/A3. She also admits that there are also no allegations against “ K.S.Builders ” in F.I.R.No.376 of 2008. I have heard both sides at length. A perusal of the facts of the case show that on 5-7-2008 Sri.K.V.Kamath stated that Plot No.413 admeasuring 269 square yards was registered to Smt.Seeta Kumari vide Doc.No.8148 of 82 and plot bearing No.414 admeasuring 448 square yards was registered to Sri.Ganesh Lal vide Doc.No.6814 of 82. The said purchasers rendered their plots to Survey of India Staff Co-operative Housing Society. After taking the sale consideration of the plots and since then the said Society is in possession of the plots. It has further been stated by the complainant that A2- Sri.Srisailam Yadav has encroached on the aforesaid plots with the help of certain fake documents and that necessary action be taken. On the basis of the aforementioned documents F.I.R.No.376 of 2008 on the file of Madhapur Police Station, Cyberabad was registered against A1 to A3 of “ K.S.Builders ” under sections 468 and 471 of IPC. As per the allegations in the FIR A1 and A2 are alleged to have fabricated the sale documents, as if, L.W.2 and L.W.3 had executed the sale agreements in favour of A1 by impersonating L.W.2 and L.W.3. A2 with the help of sale agreements executed in favour of A1 has tried to grab the plots of L.W.1. Thus, the evidence collected reveals that A1 and A2 might have fabricated the sale documents, as if, they were executed by L.W.1 and L.W.2, but as far as the petitioner/A3 is concerned there are no allegations against him in the said FIR and there are also no allegations against the firm i.e. “ K.S.Builders ” in which he has business interest. In view of the above, no case is made out against the petitioner/A3 in F.I.R.No.376 of 2008 on the file of Madhapur Police Station, Cyberabad. Resultantly, this Criminal Petition is allowed and the F.I.R.No.376 of 2008 on the file of Madhapur Police Station, Cyberabad under sections 468 and 471 of IPC against the petitioner/A3 is quashed. The case shall, however, continue against A1 and A2. Dated: 28–09-2011. ( ASHUTOSH MOHUNTA ,J ) TNB THE HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CRIMINAL PETITION NO.5621 OF 2008 DATED: 28-9-2011