HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8603 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/accused No.2 to quash the proceedings against him in C.C.No.2725 of 2019 pending on the file of the I Additional Junior Civil Judge-cum-V Metropolitan Magistrate, Medchal-Malkajgiri District at L.B.Nagar, which has taken cognizance of the offences punishable under Section 406 and 420 r/w 120B of IPC.
02. Heard Sri M. Damodar Reddy, learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
03. The facts of the case are that basing on the complaint given by respondent No.2, a case was registered against the accused herein. It is alleged in the complaint that accused No.1 has sold the park area left in the layout 2 of New City Venture B-Sector under a registered sale deed in favour of petitioner's society.
04. It is the contention of the learned counsel for the petitioner that the contents of the complaint or the charge sheet do not attract the offences under Sections 406 and 420 r/w 120B of IPC as alleged against the petitioner and there is no cheating or criminal breach of trust committed by the petitioner herein in execution of sale deed. It is his further contention that a Writ Petition i.e. W.P.No.6914 of 2019 filed by the petitioner was allowed by this Court on 04.01.2021 holding that the claim of the gram panchyat over the subject land is untenable and therefore, prayed to quash the proceedings in C.C.No.2725 of 2019 against him.
05. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings against the petitioner at this juncture as police have duly investigated the case and laid charge sheet against him arraying him as accused No.2 and the matter has to be decided after conducting trial by the Court below. 3
06. Taking into consideration that as the petitioner is made accused No.2 and no specific overt acts are there against him except general allegations, the appearance/attendance of the petitioner/accused No.2 before the I Additional Junior Civil Judge-cum-V Metropolitan Magistrate, Medchal-Malkajgiri District at L.B.Nagar, in C.C.No.2725 of 2019 is dispensed with, unless his presence is required by the trial Court for a specific purpose, or at the time of recording his examination under Section 313 Cr.P.C., and on the date of pronouncement of Judgment. However, the petitioner/ accused No.2 is at liberty to file discharge petition and on such petition being filed, the trial Court shall dispose of the same on merits within three (3) weeks from the date of filing of the said petition, uninfluenced by any of the observations made in this Order.
07. Accordingly, this Criminal Petition is disposed of.
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Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 06-09-2023 gvl 5 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8603 OF 2023 Date: 06-09-2023 GVL