THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1040 of 2009 9th November, 2011 Between :- Marka Parsharamulu and others .. Petitioners And The State of A.P., Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1040 of 2009 ORDER:- This Criminal Petition has been taken out under Section 482 Cr.P.C. by the accused in Crime No.30 of 2008 on the file of P.S.Pothkapally to quash the proceeding therein. The 2nd respondent presented a complaint before the Judicial Magistrate of First Class, Sulthanabad, alleging, inter alia, that petitioners herein fabricated the suit document and filed O.S.No.57 of 2007 on the file of the Junior Civil Judge’s Court, Sultanabad Town and obtained interim order. The said complaint came to be forwarded to the Station House Officer, Pothkapally P.S., under Section 156 (3) Cr.P.C. The Station House Officer received the complaint and registered a case in Crime No.30 of 2008 for the offences under Sections 420, 468, 471 read with 506 of I.P.C. Hence, this petition. Heard learned Counsel appearing for the petitioners and learned Additional Public Prosecutor representing 1st respondent – State and learned Counsel appearing for the 2nd respondent. Learned Counsel appearing for the petitioners submits that the Civil Court ceased of the matter and therefore initiation of criminal proceedings basing on the allegation that the petitioners fabricated the suit document amounts to abuse of process of law and therefore the petition deserves to be allowed. Learned Counsel appearing for the 2nd respondent submits that the document, on which the 1st petitioner herein who is the plaintiff in the suit, placed reliance, is a fabricated one and as the case is pending investigation, the petition is liable to be dismissed. The fact remains that the 1st petitioner herein filed O.S.No.57 of 2007 on the file of the Junior Civil Judge’s Court, Sultanabad Town and obtained interim orders. The Civil Court ceased of the matter. If the contention of the 2nd respondent that the document is forged, he is at liberty to contest the suit and make necessary application to get the document examined by the handwriting expert. In the given facts and circumstances, initiation of criminal proceedings amounts to abuse of process of law. Accordingly, the Criminal Petition is allowed quashing F.I.R. in Crime No.30 of 2008 on the file of P.S. Pothkapally. As sequel to it, interim stay granted on 20-2-2009 is hereby quashed. ________________________ B.Seshasayana Reddy, J 9th November, 2011 smr