C.VENUGOPAL REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) The petitioner, who is accused No.4, in C.C.No.170 of 2011 on the file of the VII Metropolitan Magistrate, Cyberabad, Hayathnagar, filed this Criminal Petition under Section 482 Cr.P.C. to quash the proceedings in the above C.C. registered for the offences punishable under Sections 420, 468, 471, 120-B, 447, 427 and 506 of I.P.C.

(2.) The facts which led to filing of the present Criminal Petition are that a case in Crime No.592 of 2009 of Hayathnagar Police Station, Cyberabad, came to be registered on 27.11.2009, against the accused for the offences punishable under Sections 447, 427 and 506 IPC, basing on the report lodged by the 2nd respondent/complainant. The police investigated into the matter and filed a final report referring the case as "Civil in Nature". Against which, a protest petition was filed by the 2nd respondent/complainant.

(3.) A perusal of the sworn statement of the 2nd respondent would show that he intended to purchase Ac.5.00 gts., of land in Sy.No.107 of Taramathipet Village, Hayathnagar Mandal, Ranga Reddy District, from Accused No.1 through an agreement of sale, dated 28.08.2003 for a total sale consideration of Rs.15,00,000/-. On the date of sale agreement, he had paid Rs.10,50,000/-. As the accused No.1 failed to register the land, he filed a suit for specific performance of agreement of sale vide O.S.No.357 of 2005 on the file of the Principal District Judge, Ranga Reddy District at L.B.Nagar. Accused No.1 concocted an agreement of sale dated 22.02.2002 on a fake stamp paper in favour of the petitioner/A.4. Then, the 2nd respondent/ complainant made a complaint to the District Registrar, Stamps, Hyderabad South, who in turn issued a reply, dated 02.12.2009 and also enclosed the relevant records. Therefore, the 2nd respondent/ complainant gave a report to Hayathnagar Police against accused Nos.1 to 6, as A-2 is the husband of A-1, A-3 is the GPA holder of A-1, and the same was registered as a case in Crime No.592 of 2009. During the course of investigation, Hayathnagar police obtained opinion from the District Registrar with regard to Ex.P4-fake agreement of sale. The record submitted by the District Registrar to the police confirms that the stamp paper vide Sl.No.1604 on which the agreement of sale, dated 22.02.2002 was executed, was issued in the name of one Mariyam Begum. Basing on the said record, the police filed a memo before the Court for addition of section of law. During pendency of investigation, accused Nos.5 and 6 trespassed into his land while he was digging a Bore Well and damaged the said Bore Well, thereby causing loss to a tune of Rs.1.00 lakh. As such, the 2nd respondent/complainant again approached the police and informed the same, but they have not taken any action and issued a notice to him stating that the case is closed as "civil in nature". Hence, he filed the protest petition and prayed to punish the accused after due enquiry. After recording the sworn statement of the 2nd respondent/complainant, one Ponnala Mohan Reddy and S.Buchi Reddy, the learned Magistrate has taken cognizance of the case for the offences punishable under Sections 420, 468, 471, 120- B, 447, 427 and 506 of I.P.C. and the same was numbered as C.C.No.170 of 2011. The present Criminal Petition is filed to quash the proceedings in the said C.C.