Bhupathiraju Suryanarayana Raju vs The State Of Telangana
2023 Latest Caselaw 2054 Tel

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

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.

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.

Pending miscellaneous applications, if any, shall

stand closed.

__________________________________ G. ANUPAMA CHAKRAVARTHY, J

Date: 06-09-2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.8603 OF 2023

Date: 06-09-2023 GVL