LAWS(APH)-1999-10-79

SHAIK MAHABOOB SHARIFF Vs. STATE

Decided On October 05, 1999
SHAIK MAHABOOB SHARIFF Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Heard both sides.

(2.) This petition under Section 482 of Cr.PC has been filed for quashing the proceedings consequent to FIR No. 166 of 1999 dated 17-7-1999 registered at II Town Police Station at Eluru, West Godavari District. The said FIR has been registered for the offences under Sections 468, 448 and 506(2) of IPC read with Section 34 of the Indian Penal Code on the basis of the report lodged by the 2nd respondent herein. The first petitioner is accused No. 1 and the 2nd petitioner is accused No.2 in the said FIR.

(3.) The relevant facts may be stated briefly as follows: According to the 2nd respondent, he entered into an agreement of sale dated 3-3-1999 of a house in favour of the petitioners herein. He obtained Rs.4.5 lakhs as advance. Later, balance amount of Rs.50,000/- was paid and sale deed was got executed on 3-6-1999. The possession could not be delivered as Excise Office was located in it. It is stated that subsequently that office was locked at the instance of respondent No.2. With the consent of respondent No.2, the petitioners obtained key from the watchman and took possession of the same. According to the petitioner, later the respondent No.2 changed his mind and wanted to wriggle out of the agreement, and he along with his associates went to the house in question, broke the lock and put the articles of the petitioners out side with a view to evict the petitioners. However, this was prevented.