KARRI SOMA POCHESWARA RAO vs THE STATE OF ANDHRA PRADESH

APHC010369092023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y.

LAKSHMANA RAO CRIMINAL PETITION NO: 5463/2023 Between: KARRI SOMA POCHESWARA RAO, S/O.SATYANARAYANA, HINDU,MALE, AGE-49 YEARS, OCC- M.P.H.S(MALE), R/O.

KNKKODURU VILLAGE, BICCAVOLE MANDAL, E.G.DISTRICT ...PETITIONER/ACCUSED AND 1.

THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, BICCAVOLE P.S., EAST GODAVARI DISTRICT,, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P.

AMARAVATHI.

2.

DR B SATYA SUSEELA, DISTRICT MEDICAL AND HEALTH OFFICER, EAST GODAVARI DISTRICT AT KAKINADA, NOW KAKINADA DISTRICT AT KAKINADA ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.

B CHANDRA SHEKHAR Counsel for the Respondent/complainant(S): 1.

PUBLIC PROSECUTOR (AP) 2.

SULTANA SHAIK 2 Dr.

YLR, J Crl.P.No.5463 of 2023 Dated 11.02.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking to quash the proceedings against the petitioner/Accused No.2 in C.C.No.866 of 2023 (Crime No.127 of 2021 of Biccavole Police Station) on the file of the learned Judicial First Class Magistrate, Anaparthi, registered for the offences punishable under Sections 420, 465, 406, 409 read with 34 of the Indian Penal Code, 1860 (for brevity, ‘the IPC’).

Heard Sri B.

Chandra Shekhar, learned counsel for the petitioner, the learned Assistant Public Prosecutor, and Ms.

Shaik Sultana, learned counsel for respondent No.2.

Perused the record.

3.

As seen from the record, the allegation against the petitioner/Accused No.2 is that he forged the signatures of Accused No.1.

Whether the petitioner has in fact forged the signatures of Accused No. ccused No.1 is a matter to be decided on the basis of evidence to be adduced by the prosecution and is a subject matter for comprehensive trial to be undertaken by the learned Judicial Magistrate.

4.

In view of the specific allegations levelled against the petitioner that he had forged the signatures of Accused No.1, the Criminal Petition cannot be 3 Dr.

YLR, J Crl.P.No.5463 of 2023 Dated 11.02.2026 allowed by quashing the proceedings in C.C.No.866 of 2023 on the file of the learned Judicial First Class Magistrate at Anaparthi.

5.

Considering the facts and circumstances of the case, the Criminal Petition is disposed of, dispensing with the presence of the petitioner/Accused No.2 before the learned Trial Court, unless his presence is specifically required by the learned Judicial Magistrate.

6.

The learned Judicial First Class Magistrate at Anaparthi, is directed to dispose of C.C.No.866 of 2023 within a reasonable time and submit a report to that effect to the Registrar (Judicial).

As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR.

Y.

LAKSHMANA RAO, J Date: 11.02.2026 RSI 4 Dr.

YLR, J Crl.P.No.5463 of 2023 Dated 11.02.2026 180 THE HONOURABLE DR JUSTICE Y.

LAKSHMANA RAO CRIMINAL PETITION NO: 5463 of 2023 Date: 11.02.2026 RSI