NIRMALA JACOB Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.') by the petitioners/A1 and A2 to quash the proceedings in C.C.No.10438 of 2021 on the file of XVII Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against the petitioners/A1 and A2 are under Ss. 420, 468, 506, read with 34 of the Indian Penal Code.

(2.) Heard learned counsel for the petitioners and learned Additional Public Prosecutor for 1st respondent-State and perused the record.

(3.) Briefly, the case of the prosecution is that on the basis of complaint filed by the 2nd respondent dtd. 11/11/2019, a crime was registered against the petitioners for the offences punishable under Sec. 420, 468 and 506 read with 34 of the Indian Penal Code. According to the complaint, the petitioners claimed to be the owners and purchasers of the property bearing Municipal Nos.8/2/293/82/A/711 and 8/2/293/82/A/711/1, admeasuring 1117 sq.yards bearing plot No.711 purchased from the Jubilee Hills Co-operative House Building Society. An amount of Rs.3.5 crores was paid by the 2nd respondent as advance on the promise of the petitioners registering the said plot after getting "No due certificate' from the society. The complainant further stated that there was no such property in the name of the petitioners and all documents were forged and fabricated. When the 2nd respondent approached the petitioners to return the money, they refused and threatened the 2nd respondent. The 2nd respondent then approached Police and they refused to receive the complaint on the ground that the transaction is civil in nature. On the basis of the complaint, which was referred by the Magistrate, the crime was registered. After completion of investigation, it was found that the property existed with Municipal No. 8/2/293/82/A/711, and not with Municipal No. 8/2/293/82/A/711/1.