Telangana High Court
Bobbala Keshava Reddy vs The State Of Telangana on 10 January, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.312 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/A1 to quash FIR No.299/2022 pending on the file of Bhongir Town Police Station, Rachakonda Commissionerate,. The offences alleged against him are under Sections 420, 467, 468, 471 of the Indian Penal Code.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. The case of the 2nd respondent is that without his knowledge, 'vakalat' was signed and the petitioner who is an Advocate was prosecuting the said case, for the said reason, complaint was filed against the petitioner.
4. Even assuming that the 'vakalat' was not signed by the 2nd respondent, forging signatures on the 'vakalat' will not attract an offence under Section 467 of Indian Penal Code, for the reason of the 'vakalat' not being a valuable security or 'will' as required under Sections 467 of IPC.
5. For the said reason and since the punishment prescribed for the other offences alleged against the petitioner are up to seven years, this Court deems it appropriate to direct the Investigating Officer in FIR No.299/2022 pending on the file of Bhongir Town Police Station, Rachakonda Commissionerate, to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1scrupulously. The petitioner/A1 shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.
6. Accordingly, Criminal Petition is disposed off.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Date: 10.01.2023 tk 1 (2014) 8 SCC 273 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.312 OF 2023 Dt. 10.01.2023 tk