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2022 Supreme(Telangana) 345

K. SURENDER
Vodapally Ranganath – Appellant
Versus
State of Telangana through SHO, P. S. Matwada, Warangal, Rep. by Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri Rajeshwar Rao Garige
For the Respondent: Sri S.Sudershan, learned Addl. Public Prosecutor

ORDER:

1. This petition is filed to quash the proceedings against the petitioner/Accused in CC No.26 of 2017 on the file of VI Additional Judicial First Class Magistrate at Warangal.

2. The police filed charge sheet against the petitioner on the allegation that he had lent the amount to L.W.1 by mortgaging the defacto complainant’s 4 ½ acres of land at Rampur village. Having received Rs.15.00 lakhs from him, the accused paid Rs.8.00 lakhs, Rs.2.00 lakhs and again paid Rs.10.00 lakhs totaling an amount of Rs.20.00 lakhs. The accused asked to provide Rs.1.00 lakh for releasing gold, which was pledged. L.W.1 sent four tulas of gold chain for the said demand. Again, the defacto complainant paid Rs.3.00 lakhs and requested to release his mortgaged items, for which the accused quarreled that an amount of Rs.23.00 lakhs received was towards interest and the defacto complainant should pay an amount of Rs.55,29,000/- in all. Aggrieved by the same a complaint was filed.

3. On the basis of the said complaint, police filed charge sheet after investigation for the offence under Section 384 of IPC and Sections 3(5)(b) of the Telangana Money Lenders Act, 1349 Fasli.

4. Learned counsel for the petitio

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