Telangana High Court
Jakka Ram Reddy And 3 Others vs The State Of Telangana And Another on 12 June, 2024
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION No.1620 of 2022
ORDER:
This Criminal Petition is filed under Section 482 of
the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')
by the petitioners/accused Nos.1, 3, 4 & 6 seeking to
quash the proceedings against them in CC.No.572 of 2021
on the file of the XXVI Metropolitan Magistrate,
Ibrahimpatnam, for the alleged offences punishable under
Sections 420, 447, 427 read with Section 34 of the Indian
Penal Code, 1860 (for short 'IPC').
2. The brief facts of the cases are that the respondent
NO.2/de facto complainant lodged a complaint on behalf of
Tirumala Housing Private Limited, stating that he has
purchased Ac.2.00 guntas of land in Survey Nos.764, 767
of Nandiwanaparthi Village, from one Lawankala Anil
Kumar through his AGPA holder Kaza Kalyan
Chakravarthy vide sale deed No.7436 of 2006 and the said
sale includes undivided share of internal road that
includes 40 feet access road in survey No.764 that
connects to main road in survey NO.767. However, when
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the complainant recently visited his land in
Nandiwanaparthi Village, he found that the land in survey
No.764 has been illegally trespassed and cultivated by one
Jakka Reddy/petitioner No.1/accused No.1 and others. It
is stated that the said Kaza Kalyan Chakravarthy cheated
the respondent NO.2 and has again sold his share of land
in survey Nos.767 and 764 to petitioner Nos.2 to
4/accused Nos.3, 4 and 6.
3. On receipt of the said complaint, the Police
investigated the matter and on completion of due
investigation, they filed charge sheet against the petitioners
who are arrayed as accused Nos.1, 3, 4 and 6, for the
offences punishable under Sections 420, 447, 427 read
with Section 34 of IPC. Aggrieved thereby, this criminal
petition is filed.
4. Heard Sri KS.Suneel, learned counsel for
petitioners/accused Nos.1, 3, 4 and 6, Sri S.Ganesh,
learned Assistant Public Prosecutor, appearing for
respondent No.1 - State and Sri Goverdhan Venu, learned
counsel for respondent NO.2/de facto complainant.
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5. Learned counsel for the petitioners submitted that
the respondent No.2 has filed false complaint against the
petitioners alleging that he has purchased Acs.2.00 guntas
of land in survey Nos.767, 764 of Nandiwanaparthi Village
vide registered document bearing No.7436 of 2006 from
one Lawankala Anil Kumar through his AGPA holder Kaza
Kalyan Chakravarthy/accused No.2 but factually he has
purchased land only in survey No.767. He contended that
for the said sale agreement, the total sale consideration
was decided to be Rs.58,00,000/-., out of which the receipt
of Rs.11,70,000/- was duly acknowledged towards advance
and earnest money as well. He asserted that the petitioners
have filed a suit for specific performance of agreement of
sale dated 11.10.2018 vide OS.No.83 of 2021 on the file of
the XIV Additional District Judge, Ranga Reddy District,
against the respondent NO.2 and the same is pending. He
lamented that the respondent No.2 has filed false
complaint against the petitioners by suppressing the fact
about execution of the agreement of sale. He contended
that the allegation leveled against the petitioners with
regard to alleged illegal trespass and illegal cultivation is
baseless. Therefore, prayed this Court to allow the
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Criminal Petition by quashing the proceedings against the
petitioners.
6. On the other hand, the learned Assistant Public
Prosecutor appearing for respondent NO.1, and the learned
counsel appearing for respondent NO.2, respectively,
submitted that the dispute pertains to civil nature and the
allegations leveled against the petitioners being serious,
the matter requires full-fledged trial. Therefore, prayed this
Court to dismiss the Criminal Petition.
7. Having regard to the rival submissions made and
on going through the material placed on record, along with
the statements of the witnesses, it is noted that the dispute
between the parties is with regard to the sale of property
and its registration. In this regard, the petitioners have
already filed O.S.No.83 of 2021 against the respondent
No.2.
8. At this stage, it is pertinent to note the judgment
of the Hon'ble Supreme Court in the State of Madhya
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Pradesh vs. Surendra Kori 1, paragraph No.14 reads as
under:
"The High Court in exercise of its powers under
Section 482 Cr.P.C. does not function as a Court
of appeal or revision. This Court has, in several
judgments, held that the inherent jurisdiction
under Section 482 Cr.P.C., though wide, has to
be used sparingly, carefully and with caution.
The High Court, under Section 482 Cr.P.C.,
should normally refrain from giving a prima facie
decision in a case where the entire facts are
incomplete and hazy, more so when the evidence
has not been collected and produced before the
Court and the issues involved, whether factual or
legal, are of wide magnitude and cannot be seen
in their true perspective without sufficient
material."
9. Perusal of the averments made in the complaint
and the charge sheet would reveal that the respondent
NO.2 has allegedly purchased Ac.2.00 guntas of land in
Survey Nos.764, 767 of Nandiwanaparthi Village, from one
Lawankala Anil Kumar through his AGPA holder Kaza
(2012) 10 SCC 155
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Kalyan Chakravarthy vide sale deed No.7436 of 2006 but
later he came to know that the said AGPA has sold his
share of land in survey Nos.767 and 764 to petitioner
Nos.2 to 4/accused Nos.3, 4 and 6 and when he visited his
land, he noticed that the petitioner No.1/accused No.1 has
illegally trespassed and cultivated the land in survey
No.764.
10. In other words, the primary dispute between the
parties is with regard to the sale and registration of subject
property. That being so, this Court is of the opinion that
the matter requires full-fledged trial and there are no
merits in this criminal petition and the same is liable to be
dismissed. However, keeping in view the fact that there are
no specific set of serious allegations against the petitioner
Nos.2 to 4/accused Nos.3, 4 and 6, this Court is of the
considered view to quash the proceedings initiated against
them.
11. In view of the above discussion, this Criminal
Petition is partly allowed and the proceedings initiated
against the petitioner NOs.2 to 4/accused Nos.3, 4 and 6
in CC.No.572 of 2021 on the file of the XXVI Metropolitan
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Magistrate, Ibrahimpatnam, are hereby quashed, while
permitting the prosecution to proceed further against the
petitioner N0.1/accused No.1, in accordance with law.
Miscellaneous applications, if any pending, shall
also stand closed.
_______________
K. SUJANA, J
Date:12.06.2024
PT
