Andhra Pradesh High Court - Amravati
K.C.Murali vs D.Ram Mohan Reddy on 29 November, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: Crl.P. No.6738 of 2021
PROCEEDING SHEET
Sl. Office
DATE ORDER
No Note
1. 29.11.2021 CMR, J
Learned Additional Public Prosecutor takes notice
for the 2nd respondent/State and requests time to obtain
instructions.
Issue notice to the 1st respondent.
Post the matter after four (4) weeks.
________
CMR, J
I.A.No.1 of 2021
The petitioners are A-3 to A-5 in C.C.No.323 of 2019
on the file of the learned V Additional Judicial Magistrate
of First Class, Tirupati, Chittoor District. On a report
lodged by the 1st respondent, who is the de facto
complainant, stating that A-1 has executed an
agreement to sell in favour of the de facto complainant
and that sum of Rs.17,00,000/- was paid towards
advance under the aforesaid agreement and that
thereafter A-3 to A-5 cancelled the GPA at the instance
of A-1 and A-2 and thereby cheated the de facto
complainant, a case in Crime No.188 of 2014 was
registered for the offences punishable under Sections
120(B), 420 IPC after the complaint that was originally
filed by the de facto complainant before the Magistrate,
was forwarded for investigation under Section 156(3)
Cr.P.C.
The petitioners seek quash of the said proceedings
on the ground that the dispute is of purely civil nature
and in fact earlier the de facto complainant himself has
filed a suit for specific performance of the said
agreement to sell against the petitioners and others and
the said suit was dismissed long back on 05.08.2019 in
O.S.No.290 of 2014 on the file of the learned X
Additional District Judge, Tirupati, and no appeal was
preferred against the said judgment and decree and in
the same year i.e., 2019, the present criminal case was
foisted against the petitioners. Therefore, learned
counsel for the petitioners would submit that launching
of criminal prosecution against the petitioners in the
given facts and circumstance of the case amounts to
abuse of process of Court.
This Court finds considerable force in the said
contention of the petitioners. A perusal of the copy of the
judgment and decree passed in O.S.No.290 of 2014 on
05.08.2019 prima facie shows that suit was filed by the de
facto complainant against the petitioners and another for
specific performance of the contract based on the said
agreement to sell. The said suit was dismissed with
costs. Therefore, as the suit filed on the basis of the said
agreement to sell was dismissed, the petitioners could
make out a strong prima facie case warranting
interference of this Court to ascertain in the main
Criminal Petition whether launching of criminal
proceedings against the petitioners in the given facts and
circumstances of the case amounts to abuse of process of
Court or not.
Therefore, in the said facts and circumstances of
the case, there shall be interim stay of further
proceedings against the petitioners, who are A-3 to A-5
only, in C.C.No.323 of 2019 on the file of the learned V
Additional Judicial Magistrate of First Class, Tirupati,
Chittoor District, till the next date of hearing.
________
CMR, J
AKN
