IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.P.NO.5402 OF 2006. Date:27.01.2010 Between:- G.Bhanu Prasad ..Petitioner/A-5 And Sri Madhira Krishna Reddy alias Ramakrishna Reddy and another .. Respondents ORDER:- This petition is filed by the accused No.5 under Section 482 Cr.P.C. for quashing proceedings in C.C.No.88 of 2002 on the file of Judicial Magistrate of the First Class, Kodad relating to offences punishable under Sections 406, 420, 468 and 471 I.P.C. 2. Subject matter of this criminal litigation is membership in Deccan Educational Society, Kodad (in short, the society). Previously, the respondent No.1/complainant was member in that society along with accused No.1 and others. It is alleged that accused No.1 along with the other accused colluded and fabricated letters as if the respondent No.1 and others have resigned membership of the society and thereafter accused No.1 inducted other members into the society. Originally, the Magistrate forwarded private complaint filed by the respondent No.1 to Kodad Town Police for investigation under Section 156(3) Cr.P.C. It appears that none of the parties cooperated with the police for obtaining of records and papers from office of the society and other public offices. Ultimately, the police filed final report referring the case as one of civil nature. Thereupon, the respondent No.1 gave sworn statement and on its basis, the Magistrate took the case on file as against accused Nos.1 to 8. 3. While so, previously, accused Nos.1 to 7 approached this Court by way of criminal petition Nos.810 of 2002 and 1852 of 2003. When those petitions were taken up for hearing, name of the accused No.5 (petitioner herein) was deleted. This Court (M.Venkateswara Reddy, J) by common order dated 28.01.2006, allowed the petitions partly quashing proceedings against the accused Nos.2 to 4, 6 and 7 in C.C.No.88 of 2002. The said order has become final. The petitioner/accused No.5 is also standing on the same footing as that of the accused Nos.2 to 4, 6 and 7. There are no specific allegations made against A-5 either in the complaint or in sworn statements except alleged collusion with the accused No.1. The accused No.5 has not acquired any benefit out of the transaction. It is not as if the accused No.5 was inducted into the society in the place of the complainant after his removal. As the matter now stands, there is no material before the Magistrate to show that the accused No.5 in fact forged any letter or letters. In those circumstances and having regard to previous common order dated 28.01.2006 passed by this Court, I am of the opinion that the petitioner is also entitled for relief in this petition. 4. In the result, the petition is allowed quashing proceedings in C.C.No.88 of 2002 on the file of Judicial Magistrate of the I Class, Kodad in respect of the petitioner/A-5 also. _​_________________________ SAMUDRALA GOVINDARAJULU, J 27th January, 2010 AMD