CrPC petition filed to quash proceedings for forgery and cheating. Court held allegations prima facie made out cognizable offence; quashing barred at crime stage. Petition dismissed.
Criminal Petition NO.1512 of 2011 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE K.C.BHANU
CRIMINAL PETITION NO.1512 OF 2011
ORDER:
This petition is filed by the petitioners-A1 to A9 under Section 482 Cr.P.C. to quash the proceedings in Cr. No.29 of 2011 of Paloncha Town P.S. Khammam District, registered for the offences punishable under Sections 468 and 471 IPC.
2. The 1st respondent herein lodged a complaint with the police alleging that the petitioners who are teaching staff of Adam’s Engineering College prepared and produced the fake qualification certificates to various inspection committees like JNTUH, AICTE and NBA. They also cheated the committees and got National Board of Accreditation (NBA) certificate. The management of Engineering College has been using this certificate and charging Rs.3,000/- from computer science and Engineering, Mechanical Branch, Electrical and Electronics Engineering and Electronics and Communication Engineering branches students. Basing on the complaint, police registered a casein Cr.No.29 of 2011 and took up investigation.
3. Learned counsel appearing for the petitioners contended that because the de facto complainant was suspended on 02-022011, the present false complaint was lodged on 07-02-2011 and hence, he prays to quash the proceedings.
4. On the other hand, learned counsel appearing for the 1st respondent contended that enquiry was conducted by the committee constituted by JNTU, Hyderabad and they submitted a report to the Governor stating that the petitioners prima facie prepared and produced fake certificates.
5. Inherent powers under Section 482 Cr.P.C. can be exercised to carry out the orders 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 uncontroverted allegations in the complaint do not make out prima facie case of the offences alleged, then only question of quashing the complaint arises.
6. Under Section 468 IPC, whoever commits forgery intending that the document forged shall be used for the purpose of cheating, shall be punishable. Under Section 471 IPC, whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punishable.
7. The allegation against the present petitioners is that they prepared and produced fake qualification certificates to various inspection committees and cheated the committees and got the National Board of Accreditation certificate. The management of the committee has been using the said certificate and charging Rs.3,000/- from computer science and Engineering, Mechanical Branch, Electrical and Electronics Engineering and Electronics and Communication Engineering branches students. Whether the petitioners produced the fake certificates or not has to be investigated by the police. Since it is a crime stage, the same cannot be interfered with exercising the powers under Section 482 Cr.P.C. as the allegations in the complaint made out a cognizable offence.
8. Accordingly, the Criminal Petition is dismissed.
______________
K.C.BHANU, J
DATED: 21-02-2012 Hsd
3 issues framed by the court
Whether inherent powers under Section 482 Cr.P.C. can be exercised to quash criminal proceedings where the complaint alleges forgery.
Whether the allegations in the complaint make out a prima facie case of the offences under Sections 468 and 471 IPC.
Whether the crime stage involves matters that cannot be interfered with at the quashing stage.
3 provisions across 2 enactments
Petitioners-A1 to A9
1st Respondent
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
