THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.917 of 2008 Date of Order: 15-07-2010 Between: K.Premanath Goud ..Petitioner and The State of A.P. rep.by its public prosedutor, High Court of A.P., Hyderabad and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.917 of 2008 Oral order: The respondents 2 and 3 herein filed a complaint under Section 200 Cr.P.C. against the petitioner, who is arrayed as A1, and five others for the offence punishable under Sections 420, 468, 471, 429, 447, 506 r/w 120(B) IPC alleging that since from the date partition of joint family property the complaints are enjoying their properties as absolute owners and peaceful possessors. While so, on 12-06-2007, A1 with the help of anti social elements came to the complainants’ property and tried to encroach the same by saying that they have purchased the land from the 1st complainant’s husband. The complainants apprehending some mischief, verified the documents, which were shown by the accused, and surprised that an agreement of sale was brought into existence in favour of A1 purported to have been executed by the 1st complainant’s husband in the year 1998. Accused Nos.2 to 6 stood as witnesses to the said document. The signatures on the said document do not belong to the 1st complainant’s husband and they were forged and fabricated one. The accused Nos.1 to 6 with a view to hatch the complainants’ property, created the document with forged signatures. The enquiry reveals that the accused had created the documents and filed a suit for specific performance of agreement of sale in O.S.No.383 of 2006 on the file of II Additional District Judge, Rangareddy District. Hence, the accused are liable to be punished for the offence under Sections 420, 468, 471, 429, 447, 506 r/w 120 (B) IPC. The petitioner (A1) filed the present criminal petition to quash the compliant in Cr.No.1173 of 2007 contending that the Magistrate simply forwarded the said complaint to the police, who in turn registered the crime for the above offence, and a reading of the compliant clearly discloses that it is purely a civil nature and if the respondents got any doubt about the genuinity of the document, the only course open to them is to contest the suit and send the document to the handwriting expert with that of admitted signatures. When the petitioner has stated all the facts in the plaint and nothing concealed, which is purely of civil nature, respondents resorted to file criminal proceedings which is nothing but abuse of process of law. At the stage of quashing the investigation, this Court cannot go into the genuineness of the complaint allegations, but only can see compliant allegations, prima facie, establish a crime or not. When forgery and fabrication of documents have been alleged, on which basis a crime has been registered in Cr.No.1173 of 2007, the police are bound to investigate into the same. Since the case on hand don’t fall in any of the exceptions carved out by the Supreme Court in STATE OF HARYANA V. BHAJAN LAL (1992 Supp.(1) SCC 335), I see no ground to quash the FIR. Criminal Petition is accordingly dismissed. _________________ A.GOPAL REDDY, J. 15-07-2010 Murthy