The court emphasized that the evaluation of the merits of the allegations made on either side cannot be resorted to at the initial stage, and the trial court should evaluate the case on its merits.

ORDER :

This Criminal Petition under Section 482 of the Code of Criminal Procedure (‘for short ‘Cr.P.C’) is filed by the petitioners/A.1 to A.7 seeking to quash the proceedings in C.C.No.238 of 2014 on the file of the Court of Judicial Magistrate of First Class, Nandikotkur, Kurnool District, registered for the offence under Sections 406, 420, 427, 468 and 506 read with 34 IPC.

2. A private complaint filed by the 2nd respondent herein was referred to the Police by the learned Judicial Magistrate of First Class, Nandikotkur, Kurnool District, under Section 156(3) Cr.P.C for investigation. On the basis of the said complaint, a case in Crime No.34 of 2013 was registered in Midthur Police Station for the offence punishable under Sections 405, 406, 415, 420, 425, 463, 468 and 506 read with 34 IPC. The said crime was investigated and eventually having found prima facie evidence against the petitioners/A.1 to A.7 and A.8 regarding their complicity in commission of the said offences, the investigating officer has filed a charge sheet in the trial Court and the same was taken on the file and numbered as C.C.No.238 of 2014. The said case is now pending trial before the trial Court.

3. The brief facts of the case are that:

i) A.1 to A.7 are the family members and A.8 is the V.R.O. Twenty years ago, the father of A.1 and A.3 i.e., Tippu Sulthan, who was the husband of A.2 and son of A.4, had taken a loan of Rs.5,000/- from the 2nd respondent and failed to repay the same and the 2nd respondent filed a suit in O.S.No.5 of 1997 and the said suit was decreed. Thereafter, the 2nd respondent filed E.P.No.127 of 2000 for the sale of schedule property and the 2nd respondent participated in the auction and became a successful bidder and purchased Ac.1.00 cents of land. Subsequently, the Executing Court issued a sale certificate on 12.11.2001 in favour of the auction purchaser/2nd respondent and M.R.O., Midthur issued a pattadar passbook and title deed pertaining to the said land and thereby, the 2nd respondent was put in peaceful possession of the schedule property. The said Tippu Sultan died on 31.01.2005. When the 2nd respondent was in his house, A.1 and A.6 came to him and threatened with dire consequences stating that if he failed to register the said land in their favour, they would see his end. A.1 to A.7 went to the Sub Registrar Office on 03.11.2012 and informed the document writer i.e., L.W.6 – Mohammad Rafi that A.1 to A.4 owned the land to an extent of Ac.6.80 cents in Sy.No.487 within the limits of Cherukucherla Village by showing the copy of adangal issued by A.8 and asked him to prepare draft sale deed and A.1 to A.4 sold the land to A.5 for a consideration of Rs.4,76,000/-. Petitioners/A.1 to A.7 went to Sub Registrar (L.W.7) and have shown the draft sale deed and the said Sub Registrar enquired about passing of sale consideration by A.5 and confirmed the same and based on the adangal they registered the sale deed vide Doc.No.3547 of 2012 dated 03.11.2012. Photographs of A.1 to A.7 were affixed and their signatures and thumb impressions were also obtained on the documents by the time of registration.

ii) While so, on 07.03.2013, A.1 called the 2nd respondent and abused him in filthy language. On 23.03.2013 the 2nd respondent resisted them from taking possession of the said property. At that time, A.5 proclaimed that A.1 to A.4 sold their land including Ac.1.00 cents which was purchased by the 2nd respondent in a Court auction. The 2nd respondent filed a private complaint and the same was referred to the Police by the learned Magistrate and a case in Crime No.34 of 2013 was registered in Midthur Police Station for the offences referred to supra. The crime was investigated and eventually having found prima facie evidence against all the accused regarding their complicity in the commission of the said offences, the investigating officer had filed charge sheet before the trial Court vide C.C.No.238 of 2014 and the said case is now pendi