THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3023 of 2008 Dated:29th July, 2010 Between: 1. Smt.Hameeda Banu @ Hameeda Begum & Anr. ….Petitioners and 1. Iqbal Mohiuddin & Ors. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3023 of 2008 ORDER: This Criminal Petition has been filed by the petitioners, who are two in number, under Section 482 Cr.P.C., with a prayer to quash the FIR in Crime No.37 of 2008 of Moghalpura P.S., Hyderabad. 2. Iqbal Mohiuddin-1st respondent filed a complaint before VIII Additional Chief Metropolitan Magistrate, Hyderabad, alleging inter alia that the petitioners herein secured documents from the Registrar of Births and Deaths, Circle No.1, MCH, Hyderabad, by cheating. It is also averred in the complaint that they obtained legal heir certificate from the Mandal Revenue Officer, Charminar, Hyderabad, by cheating and forging the documents. According to the complainant, the petitioners are not the wife and the son of late Shaik Hameed. The complaint filed by the 1st respondent came to be forwarded to the Station House Officer, Moghalpura P.S., Hyderabad. The Station House Officer, Moghalpura P.S., registered a case in Crime No.37 of 2008 for the offences under Sections 420, 468 r/w. 34 IPC and issued FIR. Hence, this petition by the accused in Crime No.37 of 2008 of Moghalpura P.S., Hyderabad. 3. Heard learned counsel appearing for the petitioners and learned counsel appearing for the respondents 1 and 2 and learned Additional Public Prosecutor appearing for the 3rd respondent. 4. Learned counsel appearing for the petitioners submits that the petitioners are the legal heirs of late Shaik Hameed and whatever they stated before the authorities are true and correct and therefore, the continuance of proceedings against them in Crime No.37 of 2008 amounts to abuse of process of law. 5. Learned counsel appearing for the respondents 1 and 2 opposed the petition on the ground that the investigation is still pending and true facts are yet to be ascertained by the Investigating Officer. 6. I have gone through the complaint presented by the 1st respondent, which formed the basis for registering the case in Crime No.37 of 2008 by the Station House Officer, Moghalpura P.S., Hyderabad. It is specifically averred in the complaint that the petitioners herein obtained certificate on 06.12.1995 by cheating and creating forged documents in the office of the Registrar of Births and Deaths, Circle No.1, MCH, Hyderabad. The further accusation is that the petitioners obtained legal heir certificate on 07.03.2004 from the Mandal Revenue Officer, Charminar, by cheating and forging the documents. These are all the facts required to be verified during the course of investigation. When specific accusations are leveled against the petitioners, quashing the proceedings in Crime No.37 of 2008 of Moghalpura P.S., Hyderabad, by invoking the inherent powers under Section 482 Cr.P.C. is not warranted. 7. Accordingly, the Criminal Petition is dismissed. _______________________ B.SESHASAYANA REDDY, J. Date:29th July, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3023 of 2008 Dated:29th July, 2010