HABIB ABDUL RAZZAQ BAGHDADI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Criminal Petition No.12942 of 2018 is filed to quash the proceedings in FIR No.249 of 2018, dtd. 20/8/2018 on the file of Narayanaguda Police Station, Hyderabad.

(2.) The 2nd respondent filed a private complaint before the IX Additional Chief Metropolitan Magistrate at Hyderabad against these petitioners, who are arrayed as A1 to A4, A9 and seven others. In the complaint, it is alleged that he purchased 500 sq.yds plot situated at Hi-Grove County County in Manneguda Village, Pudur Mandal, Vikarabad District on 21/5/2018 through GPA holder A-12. The owner was A11. It is alleged that A9/M/s.Hira Multi Construction Ventures Private Limited represented by A1 to A4 converted land into non-agricultural land for the purpose of residential plots for construction of houses. A11 purchased a plot on 20/11/2010. In the year 2015, A11 visited the site and found that Golf Course was coming up. Then A11 approached A2 and enquired about his plot from A2, who gave assurance that when the project would be complete, the cost of plot would increase several times. However, A11 through A12 sold the plot to the defacto complainant by way of registered sale deed dtd. 21/5/2018.

(3.) The 2nd respondent visited the site on 8/7/2018. However, he was not permitted to enter into his plot in the venture. On enquiry, he came to know that A10 was given agreement-cum-GPA by A1 to A9. It was further informed that A1 to A9 have no connection whatsoever with the said development of Gulf Course and it is for A10 to develop the said land in accordance with the DTCP layout. Both the complainant and A11 requested the petitioners herein to handover their plot, however, there was no use. For the reason of selling the plot without the consent of A11 and handing it over to A10 on 3/8/2016, complaint was filed. Since the 2nd respondent incurred wrongful loss, private complaint was filed.