APHC010169552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3637/2025 Between: 1. PINNAMANENI BASAVA KUMAR, S/O. RAJARAO, AGED 64, R/O. 10/292, RK RESIDENCY, 2ND LINE, RAJENDRA NAGAR, GUDIVADA, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, (SHO GUDIVADA II TOWN POLICE STATION, KRISHNA DISTRICT) REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. POTIURI HARITHA, D/O. JAGADEESWARA RAO, AGED 49, R/O. D.NO.14/298, 0PP. RDO OFFICE, GUDIVADA, KRISHNA DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to quash the Crime No. 45/2025 of Gudivada II Town Police Station, Krishna District in so far as the petitioner/A2 is concerned and to pass such IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to stay all further proceedings in Crime No. 45/2025 of Gudivada II Town Police Station, Krishna District, in so far as the petitioner/A2 is concerned, pending disposal of the criminal petition and pass such CRLP.No.3637 of 2025 IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased vacate the order dated 07.04.2025 passed in C.R.L.P. No. 3637 of 2025 in the interest of justice and pass Counsel for the Petitioner/accused: 1. P SAI SURYA TEJA Counsel for the Respondent/complainant(S): 1. KAMBHAMPATI RAMESH BABU 2. PUBLIC PROSECUTOR The Court made the following: CRLP.No.3637 of 2025 THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.3637 of 2025 ORDER : 1. The petitioner is aggrieved by registration of Crime No.45 of 2025 on the file of Gudivada II Town Police Station for the alleged offences under Sections 467, 468, 471 and 420 read with 34 of IPC. 2. The 2nd respondent has filed a complaint alleging that the accused have colluded and forged the signatures of her paternal grandmother late Potluri Ratna Manikyamma and created a fabricated will dated 18.02.1998. The same resulted in denying the legitimate share of the 2nd respondent. A complaint was filed and the police have registered a case. 3. Sri.Posani Venkateswarlu, learned senior counsel appearing on behalf of the petitioners submits that the allegations in the complaint cannot construe any of the alleged offences. It is submitted that the complaint is very vague and has been filed only to harass the petitioner. It is submitted that the 2nd respondent has submitted a complaint to the Superintendent of Police, Krishna District who in-turn forwarded the complaint to Gudivada II Town police station. It is submitted that the allegations in the complaint are also vague and baseless. CRLP.No.3637 of 2025 4. The learned senior counsel further submits that the 2nd respondent along with three others have filed OS.No.26 of 2024 on the file of Principal Civil Judge (Senior Division), Gudivada seeking the relief of partition. It is submitted that the 2nd respondent refers to the alleged fabricated/forged will dated 18.12.1998 in the pleadings of the plaint filed in the suit. 5. The learned senior counsel further submits that after filing the civil suit disputing the existence of will and when the matter is pending before the civil Court, the 2nd respondent has filed a criminal complaint on 08.03.2025 and the subject of the complaint over lapses with the subject of the suit. As such, the crime registered would have to be quashed. 6. The learned counsel appearing for the 2nd respondent submits that the quash petition was filed on 02.04.2025 within a period of one month from the date of registration of crime and that the police would have to be given a free hand for investigation. It is submitted that the criminal petition filed seeking quash of crime No.45 of 2025 deserves to be dismissed as the same is premature and has been filed in a haste. 7. It is also submitted that the allegations against the petitioner are serious in nature and the police after referring the fabricated will to the competent authority for ascertaining the fabrication and CRLP.No.3637 of 2025 forgery of the signatures, the police can file a comprehensive charge sheet for punishing the accused involved. It is also submitted that even before the police commenced the investigation the hurried manner in which the petitioner approached this Court would have to be found fault with. 8. Heard the learned senior counsel for the petitioner, learned Assistant Public Prosecutor for the State and the learned counsel for the 2nd respondent. Perused the material on record. 9. The short point for consideration is whether this Court can exercise the extraordinary jurisdiction and quash Crime No.45 of 2025 at the stage of investigation. 10. The complaint filed by the 2nd respondent would indicate that the accused have in connivance with the document writer resorted to forging the signatures of the complaint’s grandmother and created a fabricated will for the year 1998. The said fabricated will had denied the alleged rightful share of the complainant in the family properties. 11. It is not in dispute that the 2nd respondent has filed OS.No.26 of 2024 on the file of Principal Civil Judge (Senior Division), Gudivada seeking the relief of partition. The petitioner is arraigned as defendant No.12 in the said suit. The subject of the CRLP.No.3637 of 2025 civil suit and the subject of the criminal complaint would refer to the allegation relating to forgery of signatures and fabrication of a will dated 18.12.1998. The competent civil Court has not ruled on the veracity of the will in dispute till date. 12. This Court in criminal petition Nos.8433 and 8434 of 2022 dealt with the similar issue and by placing reliance on the judgment of the Hon’ble Supreme Court in the matter of Rajeshbai Munjibai Patel Vs. State of Gujarat1 held that criminal investigation into a matter in which issue and the question of validity of a document is an issue before the civil Court, it would not be permissible to conduct a criminal investigation as it would prejudice the rights and interests of the persons propounding the said document. 13. The principle laid down by the Hon’ble Supreme Court that when a civil Court is ceased of the question relating to the validity of a document, it would not be appropriate to permit criminal investigation with regard to the validity of the said document is to be kept in mind. 14. The Hon’ble Supreme Court in the matter of Babu Venkatesh and others Vs. State of Karnataka and another2, the Hon’ble Supreme Court by placing reliance on the observations made in 1 2020 (3) SCC 794 2 (2022) 5 SCC 639 CRLP.No.3637 of 2025 State of Haryana Vs. Bhajanlal held that the criminal complaint cannot be maintained when a civil suit is pending consideration on similar allegations and averments. 15. On the facts of the present case, the petitioner is arraigned as an accused for having committed offences under Sections 467, 468, 471 and 420 read with 34 of IPC. The petitioner is also arraigned as defendant No.12 in OS.No.26 of 2024 on the file of Principal Civil Judge (Senior Division), Gudivada and the allegation of fabrication of will and forging of signatures of the grandmother of the 2nd respondent are to be tried by the trial Court in a civil suit. The 2nd respondent cannot maintain a complaint against the petitioner in absence of any ruling of the Court that the will in dispute is proven as forged and fabricated. 16. On these considerations criminal petition is allowed and accordingly Crime No.45 of 2025 on the file of on the file of Gudivada II Town Police Station is hereby quashed in so far as petitioner is concerned. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Dated 01.08.2025 KGM CRLP.No.3637 of 2025 THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.3637 of 2025 Dated 01.08.2025 KGM