GANPAT JAIN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by petitioner/accused No.2 to quash the proceedings against him in CC.No.2628 of 2020 on the file of V Additional Metropolitan Magistrate Court, Medchal Malkajgiri District, at L.B.Nagar. The offences alleged against petitioner are under Ss. 406 and 420 read with Sec. 34 of the Indian Penal Code (for short 'IPC').

(2.) Heard Mr. Baglekar Akash Kumar, learned counsel for petitioner and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the material on record.

(3.) An FIR.No.305 of 2019, dtd. 2/7/2019, was lodged in Nacharam Police Station, on the basis of a complaint filed by respondent No.2/complainant. As per FIR/complainat, the complainant was running gold business. On 21/4/2019, a lady by name Kasula Varija/accused No.1 (resident of Flat No.21, Annapurna Nagar, Uppal), called complainant on phone and requested to arrange sum of Rs.15,00,000.00. In return the lady promised 550 grams of her gold to complainant lying in Marwadi Shop (Ganesh Jewellers). That believing her, respondent No.2 paid Rs.15,00,000.00 in cash. The date, time and place of handing over the cash are not mentioned.