Criminal petitioner accused of offences under IPC Sections 420, 468, and 471 for fabricating fake BPS proceedings. Court held execution of Power of Attorney does not absolve liability and denied anticipatory bail.
Criminal petition dismissed; anticipatory bail denied.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
MONDAY, THE SECOND DAY OF JULY, TWO THOUSAND AND TWELVE
PRESENT:
THE HON’BLE MR. JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION No.5247 of 2012
Between:
Sri K. Jayaram Reddy
… Petitioner/Accused.
And
The State of A.P., rep., by its Public Prosecutor, High Court of A.P., Hyderabad, through KPHB Police Station.
… Respondent
This Court made the following:
THE HON’BLE MR. JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5247 of 2012
ORDER:-
The petitioner is accused of offences punishable under Sections 420, 468 and 471 IPC. Deputy Commissioner, Kukatpally Circle-14, GHMC, Hyderabad, gave report to the police in this case alleging fabrication of a fake BPS proceedings from that office in relation to Plot No.70, MIG, Dharma Reddy Colony, Phase-II, in the name of the petitioner, in which stilt plus five floors are being constructed.
2. It is contended by the petitioner’s counsel that when the police asked the petitioner to go over to the police station, he addressed a letter informing that he gave his land to a developer in whose favour he executed a General Power of Attorney and that he has no concern with the BPS proceeding.
3. Simply because the petitioner executed a Power of Attorney Deed in favour of the developer for developing site belonging to him, it will not totally absolve him of the liability, if any, for
fabrication of fake BPS proceedings in his name for the said property. Having regard to the allegations in this case, this is not
a fit case for granting anticipatory bail to the petitioner.
4. Hence, the criminal petition is dismissed.
_____________________________ SAMUDRALA GOVINDARAJULU, J
Date: 02.07.2012 ES
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail given allegations of fabricating fake BPS proceedings.
Whether execution of a Power of Attorney absolves a person of liability for fabrication of documents in their name.
Sri K. Jayaram Reddy
The State of A.P.
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
