GARAPATI SATYANARAYANA Vs. GARAPATI SATYANARAYANA

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the proceedings in F.I.R.No.313 of 2021 on the file of II Town Police Station, Kakinada, East Godavari District.

(2.) The petitioners herein are accused Nos.1 and 2, the 1st respondent herein is the defacto complainant. The 1strespondent herein has filed a complaint under Sec. 190(1)(a) read with 200 Cr.P.C., on the file of III Additional Judicial First Class Magistrate, Kakinada stating that the petitioner No.2 is the wife of the 1stpetitioner. The 1strespondent is working as police constable in Kakinada and the 1stpetitioner herein is ARSI in Armed Reserve Police, Kakinada and does real estate business. As a part of his business, the 1stpetitioner herein has offered to sell the property situated in Raydupalem village, Sy.No.84/4, plot No.13 to an extent of 149 square yards which stands in the name of the 2ndpetitioner herein.

(3.) Accordingly, the petitioners herein with fraudulent intention to cheat the 1strespondent have offered to sell the said property by furnishing the Xerox copies of fake documents, believing which the 1strespondent has paid Rs.2,00,000.00 by way of cash and Rs.5,00,000.00 by way of a cheque, which amount was availed as a loan from A.P. Police Housing Protection Scheme and thereafter a sale agreement dtd. 16/9/2014 was also executed by the 1strespondent. Subsequently, the 1strespondent came to know that the 2ndpetitioner is the GPA holder for accused No.3 and the said deed of GPA was executed on 27/3/2006 vide document NO.1635 of 2006 within SRO Samalkot, East Godavari District. The 1strespondent further came to know that the accused No.3 has purchased the said property under registered document No.832/1980 within SRO Samalkot from one Malireddy Surya Chakaramma.