LAWS(APH)-2011-3-21

KUMMARI NARAYANA Vs. STATE OF A P

Decided On March 16, 2011
KUMMARI NARAYANA Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The present Criminal Petition is filed by the Petitioners under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") for quashing Crime No. 127 of 2008 registered in Mallapur Police Station for the offence punishable under Section 384 of Indian Penal Code, 1860 (for short "IPC") against them.

(2.) Learned Counsel for the Petitioners urged that the defacto-complainant in the first instance executed an agreement of sale in favour of the Petitioners herein, thereafter executed another agreement of sale in favour of third parties within a span of two months.

(3.) It is further contention of learned Counsel for the Petitioners that the ingredients of Section 384 of IPC do not attract to the present case on hand as there is no extortion and a false complaint was given against the Petitioners herein and placed reliance in a decision reported in the case of Lanka Hanumantha Rao and Ors. v. State of A.P. and Ors., 2005 1 ALD(Cri) 986.