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2025 Supreme(Online)(AP) 11191

HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
Mallela Rambabu – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition No: 5444 of 2025



Advocates:
For the Appellants/Petitioners: Sri K. Narsi Reddy
For the Respondents: Public Prosecutor

A bona fide property purchaser cannot be criminally liable for allegations of cheating in a matter primarily civil in nature.

Headnote:(A) Criminal Procedure Code - Sections 482 and 528 - Quashing of proceedings - Petitioners, accused not liable for alleged cheating - Court held issue purely civil in nature as petitioners are bona fide purchasers of the property; thus, allegations against them cannot be sustained. (Para 5)

(B) Stay Order - Proceedings stayed against petitioners except on dates required by the learned Magistrate. (Para 6)

Facts of the case:
Petitioners are accused in a case against them involving alleged cheating based on a property transaction. They argue they are bona fide purchasers, and the matter is civil, not criminal.

Findings of Court:
The court found the accusations unsubstantiated in light of the civil nature of the case and the petitioners' legitimate purchase.

Issues: The critical question was whether allegations of cheating could stand given the bona fide nature of the petitioners' purchase.

Ratio Decidendi: The court ruled allegations of cheating cannot be sustained against bona fide purchasers in a principally civil matter.

Result: Stay of proceedings granted against accused No. 5 and 6 pending disposal.

Table of Content
1. court considers the legitimacy of the petitioners' purchase. (Para 4)
2. court rules allegations cannot be sustained due to the civil nature of the dispute. (Para 5)

Respondent/Defacto Complainant .,, ,, Petition under 482 of Criminal Procedure Code / Section 528 of BNSS is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to quash the Proceedings in C.C.No.3381 of 2024, on the file of Special Judicial First Class Magl-strafe For Prohibition & Excise, Guntur, Guntur District against the petitioners/accused No. 5 & 6 herein IANO: 1 OF 2025 Petition under 482 of Criminal Procedure Code / Section 528 of BNSS l's filed praying that in the circumstances stated in the affidavit filed in support Of the petition, the High Court may be pleased to grant stay of all further proce`edings I'n C.C.No.3381 of 2024, on the file of special J`udI'Cial EZil First Class Magistrate For Prohibition & Excise, Guntur, Guntur DistrI|Ct, pending disposal of CRLP 5444 of 2025, on the file of the High Court, The petitI'On coming on for hearing, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of SRI K •, NARSI REDDY Advocate for the petitioner, PUBLIC PROSECUTOR for the Respondent No.1 and the court made the following ORDER £fHeard learned counsel for the petitioners and learned AssI-Slant PubII-C Prosecutor appearing for the lst respondent-state.

Learned counsel for the petitioners submits that the petitI-OnerS are arraigned as Accused Nos.5 and 6 in C.C.No.3381 of 2024 on the file of the learned special Judicial First class Magistrate for prohibitI-On and Excise, Guntur, for the alleged offences under sections 420J 506, 120b R/w 109 lPCl Learned counsel for the petitI-OnerS Submits that the petI-tiOnerS are bona Tide purchasers of the property by vI-rtue Of a registered sale deed executed jn the year 2022. AIthough the pet]-tjoners purchased the property by paying valid sale consideration and got the sale deed registered at the sub-Regl|strarls offI-Ce, they have been falsely implicated in CIC.No.3381 of 2024.

considering that the issue is purely civil in nature and that the ~r petitioners are bona tide purchasers of the property, no allegation of cheating can be sustained against them.

In view of the above, there shall a stay of appearance, insOfar aS the petitioners/Accused Nos.5 and 6 are concerned, in C.C.No.3381 of 2024 on the file of the learned Special Judicial First class Magistrate for prohibition and Excise, Guntur, except on dates when the Petitioners presence is required, as directed by the learned Magistrate, for the purpose of the trial.

Learned counsel for the` petitioners is permitted tO take Out personal notice to the 2nd respondent by registered Post With acknowledgment due and fj[e proof of service in the Registry.

^ fy _

Post the matter on 17.07.2025."

SD/- K.J.RAJA BABU ASS ISTAN ISTRAR //TRUE COPY// sE ON OFFICER F To, 1. The Special Judicial First Class Magistrate for Prohibition and Excise, G-untur

2. The Station House Officer, Pattabhipuram Police Station, Guntur District.

3. Pentyala Bhushaiah, , S/o. Venkateswarlu, Aged 69 years, R/o. Plot No.

301, Ranga Rao Apartments, Near Current Office, Gujjanagundia, Ei Guntu'r, 'Guntur District. (by RPAD)

4. One CC to SRl. K NARSI REDDY Advocate [OPUC]

5.I Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT]

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