Criminal petition to quash FIR under Sections 468 and 471 IPC. Court directed police to expedite investigation without arresting petitioners until final report.
Police directed to expedite investigation and not arrest petitioners till completion of investigation and filing of final report.
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IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH
TUESDAY THE TWENTYFOURTH DAY OF JUNE TWO THOUSAND AND FOURTEEN
PRESENT
HONOURABLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION NO. 3133 OF 2012
Between:
Manepalli Allbert Jack Malick Singh & Anr. .. Petitioners/A-1 & A-2
V/s. The State of Andhra Pradesh Represented by its Public Prosecutor High Court of A.P. Hyderabad & Anr. .. Respondents/Complainant
Counsel for Petitioners : Sri P. Durga Prasad Counsel for Respondents : Public Prosecutor for R-1 Smt. I. Mamu Vani for R-2
The court made the following : [order follows]
HONOURABLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION NO. 3133 OF 2012
O R D E R :
This Criminal Petition is filed to quash FIR in Crime No. 2 of 2012 of Narsapuram [T] Police Station registered for alleged offences under section 468 and 471 of IPC against the petitioners/A-1 and A-2.
2. Heard both sides.
3. Advocate for petitioners submitted that allegation in the complaint is that petitioners have forged the signature of defacto complainant and used the forged document. He submitted that civil suits are filed challenging the same document and the correctness of document has to be decided in the civil matter, therefore, there is no prima facie offence warranting registration of FIR.
4. On the other hand, Advocate for second respondent
submitted that first petitioner is a police constable and second petitioner is wife of first petitioner and the alleged agreement on the basis of which civil suits are filed is a forged document and as the petitioner is working in Police Department he is using influence and the correctness of the allegations will come to light only during
investigation.
5. Considering the material papers filed along with this criminal petition and also submissions of both sides, I feel that this criminal petition can be disposed of directing the police to expedite investigation and with further direction not to arrest the petitioners till completion of investigation and filing of final report.
6. With the above observation, this Criminal Petition is
disposed of.
_____________________ JUSTICE S. RAVI KUMAR . 24/06/2014 I s L
N.B. Furnish CC today. B/o. I s L.
// URGENT C.C. TODAY //
HONOURABLE SRI JUSTICE S. RAVI KUMAR
CRIMINAL PETITION NO. 3133 OF 2012
Circulation No. Date:24/06/2014 Court Master: I s L Computer No. 20th Court Hall
Manepalli Allbert Jack Malick Singh
Anr.
The State of Andhra Pradesh
S. RAVI KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
