IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2804 OF 2007 Between: Bander Syed Shakeel Ahmed ..... PETITIONER AND The State of Andhra Pradesh, represented by Public Prosecutor and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2804 OF 2007 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, (for short, “Cr.P.C.”) is filed to quash the proceedings against the petitioner/A1 in C.C.No.507 of 2007 pending on the file of II Metropolitan Magistrate, Cyberabad at L.B. Nagar, Ranga Reddy District. 2. The allegations in the complaint are that one Mr. Mohd. Sameeuddin Shakeel, S/o.Mohd. Mizuddin, who is said to be G.P.A. of one Mr. Amjad Ali Khan, has lodged a complaint dated 21.08.2005 in L.B. Nagar Police Station alleging that one Mr.Mirza Younus Baig @ Younus, S/o. Mirza Yakub Baig has created fraud and impersonated as Mr. Amjad Ali Khan and have executed a sale deed in favour of one Mrs. Miyakala Laxmi Devi, W/o. Janga Reddy in respect of house bearing No.13-190, admeasuring 224.00 square yards in Plot No.60 in Survey No.7 situated at Green Hills Colony, Saroornagar Village, Ranga Reddy District, which belong to Mr. Amjad Ali Khan. The complainant further alleged that the said Mirza Younus Baig has further changed the said House Number as 11-13-869 (new) and 13-190 (old) and sold the same. Hence, the complaint. 3. Learned counsel for the petitioner contended that except the confession statement of A3, there is no other material to show that the petitioner committed the theft of original documents pertaining to a complex situated at Somajiguda belonging to Mr. Amjed Ali Khan and pledged the same with LW.4 for the purpose of gaining himself and therefore, the continuation of proceedings against the petitioner is nothing but abuse of process of Court. 4. Learned counsel representing the learned public prosecutor opposed the same on the ground that the property which was sold by the accused does not belong to them; that on the other hand, it belongs to one Amjed Ali Khan; that to cause wrongful loss to the complainant they fabricated and forged the documents; that the prima facie case of forgery and fabrication of documents were made out against the petitioner and therefore, there are no grounds to quash the proceedings. 5. At this stage the allegations in the charge sheet and statement of witnesses, which were recorded by the police during the course of investigation, have to be looked into for the purpose of deciding whether prima facie case is made out or not. The correctness or otherwise, or admissibility of those allegations cannot be tested and decided. If the allegations made out an offence of forgery, then certainly the proceedings need not be quashed. The allegation is that the present petitioner (A1), said to have committed theft of original documents pertaining to a complex situated at Somajiguda, with the help of A3 and those stolen documents were mortgaged with LW.4 and obtained a loan of Rs.8,00,000/- and the said Rs.8,00,000/- were shared by A1 and A3. On coming to know about the same, the Federal Bank officials came to the conclusion that Mirza Younus Baig forged the documents by impersonating himself as Amjed Ali Khan. Therefore, as seen from the allegations, A1 is not the owner of the property pertaining to the complex situated at Somajiguda. But, still he mortgaged the same with the Federal Bank along with some other persons and obtained an amount of Rs.8,00,000/-, which was appropriated by A1 and A3 equally. When A1 gained wrongfully, though he is not entitled for the same, then it is an offence of cheating. Similarly, another allegation is that the petitioner fabricated the documents pertaining to Amjed Ali Khan and impersonated that Amjed Ali Khan by affixing the photograph, thumb impression and signatures of Mirza Younus Baig on fake documents. Therefore, these allegations made out prima facie case of the offences alleged. Hence, there are no grounds to quash the proceedings against the petitioner in C.C.No.507 of 2007. 6. Accordingly, the Criminal Petition is dismissed. _______________ K.C. BHANU, J July 15, 2010 MD THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2804 OF 2007 July 15, 2010