GUNTURU SESHA CHARYULU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) "Heard learned counsel for the petitioners/ A-1 to A-4 in C.C.No.48 of 2015 on the file of the II Additional Judicial Magistrate of First Class, Khammam in Crime No.251 of 2014 of Mudigonda Police Station registered for the offences punishable under Sections 120-B, 418 and 420 I.P.C., and also respondent No.1 - State represented by the Public Prosecutor (AP) before admission, and before notice to respondent No.2 - de facto complainant, and perused the material on record.

(2.) It is the contention of the learned counsel for the petitioners that the petitioners already filed O.S.No.261 of 2014 on the file of the Principal Junior Civil Judge, Khammam against the de facto complainant and her husband for injunction and the same is pending. According to the de facto complainant, no notice is given to her. According to the complaint or statement of the de facto complainant, regarding the alleged sale agreement, she already filed a suit for specific performance of the agreement of sale in O.S.No.145 of 2014 on the file of the District Judge, Khammam for execution of a registered sale deed. The petitioners filed their written statement in January, 2015 stating that the contract was rescinded and they are in possession since redelivery, as pleaded in O.S.No.261 of 2014, and sought temporary injunction in I.A.No.560 of 2014 wherein the Court granted status quo to be maintained and the civil dispute is squarely brought into existence with engineered allegations with an after thought by filing a private complaint without even any prior police report much less by sending through registered post to the Superintendent of Police after filing the complaint, as contemplated under Section 154 and 156 Cr.P.C. for referring, and the same is an abuse of process, as laid down by the Apex Court in Inder Mohan Goswami and another vs. State of Uttaranchal and others [A.I.R.2008 Supreme Court 251(1)] and thereby, sought for quashing of the C.C. proceedings.

(3.) Considering the facts and circumstances of the case, there shall be interim stay of trial in C.C.No.48 of 2015 on the file of the II Additional Judicial Magistrate of First Class, Khammam for a period of five (5) weeks.