M. NAGASANJEVA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The 2nd respondent/de facto complainant had filed a complaint registered as Crime No.300 in III Town Proddatur Police Station for offences under Sec. 209, 467, 468, 469, 471 of IPC and 156(3) of Cr.P.C. The said crime was registered upon investigation being referred to the police by the First Additional Judicial Magistrate of First Class, Proddatur in C.C.No.1450 of 2021. This complaint was filed against seven accused.

(2.) Aggrieved by the said registration of the complaint and further investigation, Accused Nos.1 to 4 have filed Criminal Petition No.8433 of 2022 and Accused Nos.5 to 7 have filed Crl.P.No.8434 of 2022 before this Court, for quashing the said complaint.

(3.) The genesis of this complaint is the legal notice dtd. 15/8/2021, sent by the advocates of accused Nos.1 and 2 (the parties herein are being referred as they are arrayed in the complaint). In this legal notice, the petitioners relying upon an agreement of sale dtd. 25/12/2017 had called upon the complainant to accept the remaining sale consideration and execute a deed of sale conveying certain property belonging to the de facto complainant. In reply, the counsel of the de facto complainant, by notice dtd. 23/8/2021, had taken the defence that there was no agreement of sale and the said agreement of sale had been fabricated by Accused Nos.1 and 2. A request was also made for production of the said agreement of sale. In reply, the advocates of the accused Nos.1 and 2, by a notice dtd. 28/8/2021 took the stand that the agreement of sale is not a fabricated document and attached a copy of the agreement with the legal notice. After receipt of this notice, the advocate of the de facto complainant again sent a notice dtd. 2/9/2021 reiterating the earlier stand of the de facto complainant.