Muthavarapu Suresh Babu vs The State Of Telangana
2025 Latest Caselaw 3359 Tel

Telangana High Court

Muthavarapu Suresh Babu vs The State Of Telangana on 24 March, 2025

     THE HONOURABLE SRI JUSTICE K.SURENDER

         CRIMINAL PETITION No.1224 OF 2019

O R D E R:

This Criminal Petition is filed by the petitioners/A-1 to

A-3, seeking to quash the proceedings in Crime No.739 of 2018,

on the file of Narsing P.S., Cyberabad.

2. Heard learned counsel for the petitioners/A-1 to A-3 and

Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor

for the respondent - State. Perused the record.

3. The offences alleged against the petitioners are under

Sections 406 & 420 of IPC.

4. According to the 2nd respondent, the petitioners offered to

sell the land, and accordingly, an amount of Rs.1,50,00,000/-

was paid by the 2nd respondent through 5 cheques and cash of

Rs.50,00,000/-. Though the sale deed was supposed to be

executed within 6 months, despite the 2nd respondent being

ready, the petitioners avoided the 2nd respondent and sold the

land to someone else. Aggrieved by the said transaction, the

criminal complaint was filed.

5. Learned counsel appearing on behalf of the petitioners

would submit that the transactions are purely civil in nature.

There is no document executed towards the alleged agreement

of sale. He has filed details of the amounts paid, and

anticipatory bail was granted on the ground that the

transactions appear to be civil in nature. Relying upon the

judgment of the Hon'ble Supreme Court in Prem Kumar vs.

State of Rajashthan and Anr 1, the learned counsel would

submit that no suit was filed for specific performance for a

period of nearly 10 years. In those circumstances, it was an

abuse of the process of the Court.

6. The allegation in the present complaint is that the

amounts were received by the petitioners and though the 2nd

respondent was ready to pay the balance amount, the land was

sold to some other persons. Whether the petitioners

entertained any intent of cheating the 2nd respondent is a

matter that can be examined during the course of investigation.

The facts in the above cited judgment differ from the facts of the

present case. Since the transaction pertains to the sale of

property, and the transactions are predominantly civil in

2017 Crl.L.J.744

nature, the Investigating Officer is directed to conclude the

investigation without taking any coercive steps against these

petitioners.

7. Accordingly, the Criminal Petition is disposed off.

Miscellaneous applications pending, if any, shall stand closed.

_________________ K.SURENDER, J Date: 24.03.2025 dv

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.1224 OF 2019

Date:24.03.2025

dv