THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.2695 OF 2008 DATED: 22-07-2010 Between 1.Y.Prakasam and three others …Petitioners –accused And 1.State of A.P. rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …Respondents-Complainants THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.2695 OF 2008 ORDER: This petition under Section 482 Cr.P.C. is filed to quash the proceedings in C.C.No.212 of 2006 on the file of the Principal Junior Civil Judge, Parvathipuram, Vizianagaram. 2. It is alleged that the 2nd petitioner approached the 1st petitioner, got prepared a will alleged to have been executed by Ramakishna Naidu, pasted it in Book-3, Document No.3/96 at Page 62 and 63 by removing the original will from Book No.3 which was earlier executed by L.W.7, that L.W.3 filed O.S.No.3 of 1998 on the file of the Additional District Judge, Vizianagaram, claiming equal share along with her brothers, that petitioners 1,3 and 4 gave evidence in the said suit, that the Court up held the will and L.W.3 gave a petition to the I.G. of stamps and registration and after investigation, the charge sheet was filed. 3. Learned counsel appearing for the petitioners contended that the will dated 15-05-1996 said to have been executed by Ramakrishna Naidu is found to be true and valid in view of the findings in O.S.No.3 of 1998 on the file of the Additional District Judge, Vizianagaram and therefore, continuation of proceedings is nothing but abuse of process of law. 4. On the other hand, counsel representing the learned Public Prosecutor contended that serious allegations are leveled against the accused because they tampered with the records in the Sub-Registrar’s office with the help of A1, that some pages of the original will have been removed, that knowing that will is not a genuine one, A3 and A4 attested the said document and hence, there are no grounds to quash the proceedings. 5. Inherent powers under Section 482 Cr.P.C. can be exercised to give effect to the order passed under this Code or to prevent abuse of process of Court or to secure the ends of justice. There cannot be any dispute that if the allegations in the complaint made out prima facie case of the offences alleged, question of quashing the proceedings does not arise. 6. No doubt, the civil Court has given a finding that the will executed by Ramakrishna Naidu is true and valid, but at the same time, the allegation in the complaint would go to show that A2 influenced A1 and got prepared a false will and got it pasted in Book No.3, document No.3/96 at page 62 by removing the original will from Book No.3, which was earlier executed by the insane person for his own purpose and A3 and A4 knowingly signed on the forged will. Likewise another will got executed by Alajangi Dhanunjaya Naidu, who is an insane person in favour of A2 that his entire property will come under the possession of A2 after his death. Therefore, the allegations cannot be tested here. These aspects are not the subject matter of the suit. Therefore, the allegations made out prima facie case of forgery and cheating. Hence, there are no grounds to quash the proceedings. 7. Accordingly, the Criminal Petition is dismissed. ----------------------------- JUSTICE K.C.BHANU DATED:22-07-2010 Hsd