THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12552 OF 2010 DATED 4th MARCH, 2011. BETWEEN : N.Gopal Rao & others .. Petitioners-A.1 to A.3 and The State of A.P. & another ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12552 OF 2010 ORDER: Petitioners approach this Court with a prayer to quash the F.I.R. in crime No.170 of 2010 of Adilabad Rural Police Station for the offence punishable under Sections 480, 468, 471 read with 34 of Indian Penal Code and 3 (1) (v) of SCs & STs (POA) Act. Heard. Brief facts of the prosecution case are that the respondent herein lodged a complaint against the petitioners that they have forged the document in connection with the land, which is in connection with O.S. No.26 OF 2008 on the file of the Senior Civil Judge, Adilabad, wherein the respondent filed a civil suit for declaration and possession of the property which was in possession of the petitioners herein. In the said suit, the petitioners herein filed sale deed as if the same is executed by the respondent herein. On such filing of the document, the respondent came to know that some forgery is committed by the petitioners herein. Hence, he presented the present complaint. Learned counsel for the petitioners submitted that the petitioners are in possession from the year 1981 and the civil suit is filed in the year 2006 and the names of the petitioners are also mutated in the revenue records against which a revision is filed by the respondent herein and the Revision Court remanded the matter for fresh enquiry. In the mean while, petitioners also filed a writ petition challenging the same and obtained stay. When the matter stood this, the present complaint is filed by the respondent herein in order to settle the civil disputes by way of criminal complaint. Learned counsel for the respondent submitted that the respondent had the knowledge regarding the forgery only at the time of filing of the documents in the civil Court and hence he invoked the provisions of Criminal law. On perusal of the submissions and material on record, this Court is of the view that if the respondent is aggrieved over by the document filed in the civil suit, which according to him is a forged one, the respondent is at liberty to file an application before the competent civil Court where the original suit is filed and the Civil Court is also directed to consider any such application filed to find out the veracity of the document filed and also verify whether any forgery is committed by the petitioners herein. In these circumstances, this Court is of the view that the further proceedings in the present complaint need not be allowed to continue. Hence, the Criminal Petition is allowed and the further proceedings against the petitioners in pursuance to crime No.170 of 2010 of Adilabad Rural are hereby quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 04.03.2011 sur