SARWAN AGARWAL Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Petitioners are being prosecuted for the offences under Ss. 406 and 420 of IPC on the file of IX Additional Metropolitan Magistrate at Medchal on the basis of private complaint filed by the 2nd respondent and taken cognizance by the learned Magistrate.

(2.) Briefly, the facts of the case are that the 2nd respondent, his wife along with these petitioners purchased undivided share in open land at Dullapally village, Quthbullapur Mandal, Medchal Malkajgiri District to an extent of Ac.1.30 gts in Sy.No.155, Ac.0/11/332 gts in Sy.No.154 & Ac.0/13/444 gts in Sy.No.154 admeasuring Acs. 2/14/776 gts. There were civil disputes in respect of the land and the cases were pending before the civil court.

(3.) It is alleged that the 2nd respondent issued a notice to these petitioners on 11/6/2018 asking these petitioners not to alienate their share in the entire property without giving first option of purchase to the 2nd respondent. However, these petitioners issued reply notice on 26/7/2018 stating that there was no such understanding and mentioned that the 2nd respondent had already refused offer of purchase of share of these petitioners. The 2nd respondent's wife filed O.S.No.316 of 2018 on the file of XVI Additional District & Sessions Judge, Cyberabad at Malkajgiri, against these petitioners for partitioning the property. The Civil Court by order dtd. 3/10/2018 in I.A.No.1152 of 2018 directed these petitioners not to alienate the property and such interim orders were extended up to 28/2/2019.