S.SHYAM SUNDER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 by the petitioners/accused Nos.1, 4 and 5 to quash the proceedings against them in Cr.No.68 of 2021 of Amarchintha Police Station, Wanaparthy District. The offences alleged against them are under Ss. 409, 420, 467, 468, 471, 120-B r/w.Sec. 34 of Indian Penal Code (for short the 'IPC').

(2.) The facts of the case are that defacto complainant/2nd respondent gave complaint to the police stating that he purchased agricultural land to an extent of Ac.8.04 guntas in Amarchintha Village, out of which Ac.6.00 was purchased from petitioner No.3, vide registered document No.6961/2009 and he is in exclusive possession of the property. He also planted 350 mango trees and erected fencing around the land. In the year 2019, the 2nd respondent appointed the first petitioner as his GPA holder to look after his properties. On 15/7/2019, at the request of first petitioner, the 2nd respondent transferred Rs.2.00 lakhs to his Axis Bank account and on 5/8/2019, Rs.10.00 lakhs was transferred to the same account to purchase link road to his agricultural land in his name, but the first petitioner got registered the link road in his name by spending Rs.8.00 lakhs with a fraudulent intention and committed criminal breach of trust in respect of his property. The 2nd respondent further stated that the first petitioner without his knowledge leased his mango garden for an amount of Rs.6.00 lakhs. Later he came to know that the first petitioner colluded with other persons and created fake sale deed, agreement on his name and forged his signatures on the sale deed. As such, he filed complaint to take necessary action. Basing on the said complaint, the police registered a case against accused Nos.1 to 5. Accused No.1 is petitioner No.1 and accused Nos.4 and 5 are petitioners 2 and 3.

(3.) Heard Sri M. Saroj Reddy, learned counsel for the petitioners, Sri S.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1 and Sri Venkata Rangadas Kanuri, learned counsel appearing for the 2nd respondent.