P. B. SRINIVAS Vs. STATE OF A. P.

JUDGEMENT

(1.) These two Criminal Petitions are filed seeking to quash C.C.No.390 of 2018 on the file of Judicial Magistrate of First Class, Salur filed against the petitioners/accused Nos.1 to 3 for the offences punishable under Sec. 420 of Indian Penal Code.

(2.) The petitioners in Crl.P.No.1097 of 2019 are arraigned as accused Nos.1 and 2; petitioner in Crl.P.No.4473 of 2019 was arraigned as accused No.3, in C.C.No.390 of 2018 on the file of Judicial Magistrate of First Class, Salur. The respondent No.2 is the de-facto complainant. On 15/4/2017, the 2nd respondent herein has approached the Salur Town Police Station and reported that the accused Nos. 1 and 2 have committed fraud and cheated her by dealing with the properties situated in Sy.No.216-1B, 1C of Gumadam Village, Salur Mandal, Vizianagaram District which belong to her; that the accused Nos.1 and 2 have illegally, knowingly and with fraudulent intention executed registered sale deeds vide document bearing Nos.1460, 1461, 1462/2015, dtd. 27/6/2015 in favour of accused Nos.4 to 6. The 2nd respondent further submitted that the accused Nos.1 and 2 filed W.P.No.9817 of 2015 wherein they have stated that they are the owners and possessors of the land situated in TS.No.159/2, 162/2 of Salur Town, which is recorded as grama kantam in village record; that the accused Nos.1 and 2 sought direction from the Court in terms of the orders passed in another W.P.No.1339 of 2014, wherein there was a direction to effect registrations of lands in Sy.Nos.159/2, 162/2 situated in Salur Town. The said writ petition filed by the accused Nos.1 and 2 was disposed of on 8/4/2015, basing on which the accused Nos.1 and 2 executed registered sale deeds of the property belonging to the respondent No.2 of Sy.No.216-B/1C/Gundam revenue village, Salur Town in favour of accused Nos.4 to 6. Thereafter, the 2nd respondent has approached the District Collector expressing her grievance, who in turn had addressed a letter dtd. 16/9/2016 to the Revenue Divisional Officer, Parvathipuram who in turn had entrusted the matter to the Tahsildar. The Tahsildar has submitted a report dtd. 14/10/2016 to the District Collector, stating that the land shown with specified boundaries in sale deeds is in respect of Sy.No.216-1B, 1C Gumadam revenue village but not in respect of Sy.No.162-2. The respondent No.2 further submitted that her lands are situated in Sy.No.216, Katha No.655 which stands in the name of her father in law and that she is the legal heir of the said property. As such, the 2nd respondent has requested the police to register a case against the accused Nos. 1 and 2. The Sub-Registrar who has registered unlawful documents by suppressing the real facts was arraigned as accused No.3, the purchasers of the said property were arraigned as accused Nos.4 to 6 and the mediators, attesters of the documents were arraigned as accused Nos.7 and 8. Basing on the said report submitted by the 2nd respondent, the police have registered a case in Cr.No.45 of 2017 against accused Nos.1 to 8 for the offences punishable under Sec. 420 read with 34 IPC. After due investigation, the police have filed the impugned charge sheet in C.C.No.390 of 2018 against the accused on the file of Judicial Magistrate of First Class, Salur. Seeking to quash the proceedings in C.C.No.390 of 2018 against the accused Nos.1 to 3, the present petitions have been filed.

(3.) Learned counsel for the petitioners, during the course of arguments contended that the 2nd respondent in her statement stated that there was a partition suit which was pending before the Civil Court between herself and the family members. The dispute between the 2nd respondent and the petitioners herein is purely a civil in nature and the present complaint is filed to harass the petitioners. Learned counsel further submitted that the 2nd respondent has no right to claim over the property in Sy.No.216 of Gumdam Village, Salur Town as it belongs to the Government as per the report submitted by the Tahsildar. He has submitted that if the allegations made in the charge-sheet, even if accepted to be true in entirety do not disclose the ingredients of any offence of cheating as under Sec. 420 of IPC. In order to constitute an offence under Sec. 420, cheating is not the only act that should be taken into consideration, but, as a consequence to cheating, the accused should have dishonestly induced the person deceived to deliver any property to any person or to make, alter or destroy wholly or in part a valuable security. In the present case, no such act took place and as such, the impugned charge sheet in C.C.No.390 of 2018 on the file of Judicial Magistrate of First Class, Salur is liable to be quashed.