THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.1972 OF 2009 DATED: 05-08-2010 Between A.V.Seshagiri Rao …Petitioners –A6 And 1.C.Venkata Subba Raju 2.State of A.P. rep. by Public Prosecutor, High Court of A.P., Hyderabad. …Respondents-Complainants THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.1972 OF 2009 ORDER: This petition under Section 482 Cr.P.C. is filed to quash the proceedings in C.C.No.9 of 2009 on the file of the IV Metropolitan Magistrate, Bheemunipatnam. 2. It is alleged in the charge sheet that A2 had acquaintance with the complainant when both of them worked at Doha. It is alleged that due to acquaintance, the complainant sent huge amount to A2 for purchase of lands to the account of A3. The complainant also purchased the lands to an extent of Ac.2.76 cents in Sy.No.26/1, for which A2 was the mediator. The complainant left the original documents of the said land with A2 and went away abroad. A2 along with A3 to A6 conspired together to grab the land of the complainant, forged the signature of the complainant and sold the land to A1 who is the daughter of A2 by impersonating the complainant and got it registered. The Registrar, Bheemili has not entered the particulars in the concerned register of Registrar’s office and giving E.C. over the property till the month of March, 2007 in the name of the complainant. A2 and A5 along with some others went to the land of the complainant and set casuarinas trees fire. Hence, the charge. 3. Learned counsel appearing for the petitioner-A6 contended that even if the entire allegations in the charge sheet are taken as true and correct, at this stage, they do not make out prima facie case of the offences punishable under Sections 406, 419, 420, 435, 447, 468 and 120-B IPC and therefore, continuation of proceedings is nothing but abuse of process of law. 4. If the allegations in the charge sheet do not make out prima facie case of the offences alleged, then only question of quashing the proceedings arises. It is not at this stage to test whether the allegations are correct or not. The allegation is that the present petitioner along with A3 and A4 conspired with A2 to grab the land of the complainant, forged the signature of the complainant and sold the land to A1, daughter of A2 by impersonating the complainant. No doubt the petitioner is a document writer, still he knows that the complainant is not the person who executed the document. Therefore, it can be said that it is a cheating and committing of forgery knowing full well that the real person has not executed the document. Whether the petitioner knowingly or reason to believe that the person who executed the document is the real person or not has to be decided in the trial Court during the trial of the case. As the allegations made out prima facie case, question of quashing the proceedings does not arise. 5. Accordingly, the Criminal Petition is dismissed. ------------------------------- JUSTICE K.C.BHANU DATED:05-08-2010 Hsd