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2011 Supreme(AP) 245

K.S.APPA RAO
Kummari Narayana – Appellant
Versus
State of A. P. through P. S. Mallapur, Karimnagar District, rep. by P. P. – Respondent


Advocates appeared:
For the Petitioners:P. Venkat Reddy, Advocate.
For the Respondent:R1 - Public Prosecutor, R2 - V. Ramesh Reddy, Advocate.

JUDGMENT :

The present Criminal Petition is filed by the petitioners under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") for quashing Crime No.127 of 2008 registered in Mallapur Police Station for the offence punishable under Section 384 of Indian Penal Code, 1860 (for short "IPC") against them.

2. Learned counsel for the petitioners urged that the defacto-complainant in the first instance executed an agreement of sale in favour of the petitioners herein, thereafter executed another agreement of sale in favour of third parties within a span of two months.

3. It is further contention of learned counsel for the petitioners that the ingredients of Section 384 of IPC do not attract to the present case on hand as there is no extortion and a false complaint was given against the petitioners herein and placed reliance in a decision reported in the case of LANKA HANUMANTHA RAO AND OTHERS vs. STATE OF A.P. AND OTHERS 2005(1) ALD (Crl.) 986.

4. Learned counsel appearing for the respondents argued that this matter involves question of facts but not question of law. This question of factum is to be decided in due course of trial and it cannot be decided at this point of ti






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