K.J.REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) The instant petition under Sec. 482 of Code of Criminal Procedure, 1973[for short 'Cr.P.C'] has been filed by the Petitioner/Accused No.1, seeking quashment of proceedings against him in Crime No.46 of 2022 of Ulindakonda Police Station, Kurnool for the offences under Ss. 420, 447, 468, 471 and 506 read with 34 of the Indian Penal Code[for short 'IPC'] and Sec. 3 (1) (f) (g) (r) (s) of SCs & STs (PoA) Act, 1989[for short 'SCST Act'].

(2.) Heard Sri Ravi Sankar Jandhyala, learned senior counsel assisted by Sri Syed Ghouse Basha learned counsel for the Petitioner, Sri R.Venkatesh, learned counsel representing Sri Y.Balaji, learned counsel for Respondent No.2 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for Respondent No.1/State.

(3.) Learned counsel for the Petitioner would submit that the Petitioner was falsely implicated in the present crime. Learned counsel would further submit that the Petitioner was not present at the place of the alleged offence at the relevant time and he was at his daughter's house on that day and CCTV footage is also available to prove the same. It is submitted that the Petitioner being the Managing Director of Raagamayuri Builders Private Limited, had purchased the subject property under a registered sale deed dtd. 17/2/2021 and has been in possession of the same, whereas, Respondent No.2 has been claiming rights over the said property by virtue of an unregistered Agreement of Sale dtd. 2/3/2016. Learned counsel would further submit that the matter is of civil nature and the same is given the colour of criminal offence. It is submitted that since the Petitioner was not present at the place and time of the alleged incident, the offence under SCST Act also does not attract against him. Learned counsel would finally submit that the Petitioner has not committed any offence as alleged and hence, continuation of criminal proceedings against the Petitioner is an abuse of process of law. Hence, prayed for quashment of the same.