THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No. 1871 OF 2021

ORDER

Heard Sri U.V. Suresh Kumar, learned party in person, learned Public Prosecutor. There is no representation on behalf of the 2nd respondent.

2. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings in C.C.No.1019 of 2020 pending on the file of XXIV Metropolitan Magistrate, Hyderabad.

3. The petitioners herein are the accused in the said C.C. Offences alleged against the first petitioner are under sections 420, 406 of IPC and against the 2^nd petitioner/A2 are under sections 448 and 506 IPC. 4. As per the charge sheet, the allegations levelled against the petitioners herein are as follows:

The 2^nd respondent (LW.1) is the absolute owner and possessor of house bearing No.8-7-89/154, Phase- II, Lane No.6, opposite to B.N. Reddy Nagar, Chaitanya Nagar, Vanasthalipuram, R.R. District. She has purchased the said house in the year 1994. LW.2 is her husband. He has purchased open land admeasuring 146.6 sq. yards under the registered sale deed document No.13198 of 1994 in the name of his wife/LW.1. They have obtained construction permission from Greater Hyderabad Municipal Corporation for plinth area of 600 sft., but LW.2 constructed the house in the plinth area of 1330 sft., in the year 1995 and they have been paying property tax to GHMC for the entire 1330 sft. In the year 2018, LW.2 again constructed the house in the first floor within plinth area of 450 sft., Thus, at present the said house built up area in the ground floor is 1330 sft., and first floor 450 sft.

4.1 In the year 2019, LW.1 was in need of amount of Rs.50,00,000/- for his personal expenses, he approached A1 with a request to lend the said amount. A1 agreed and lend the said amount to LW.2 on the condition of executing a registered agreement of sale-cum-GPA with regard to above said property in his favour as surety. LW.2(husband of 2nd respondent/LW.1) accepted the same and accordingly executed AGPA on 07.02.2019 vide document No.1316 of 2019. Thereafter, the first petitioner has also obtained a sale deed bearing document No.6799 of 2019 dt.09.07.2019. According to the 2^nd respondent, the first petitioner has lent an amount of Rs.50,00,000/- on payment of interest and he has got above said AGPA as surety. LW.2 has paid interest to A1 and he was intending to clear off the said loan, but A1 did not accept the same with an intention to grab the said property.

4.2 The first petitioner/A1 sent his junior 2^nd petitioner/A2 to the house of LWs 1 and 2, she has threatened them to vacate the premises stating that A1, her senior, purchased the said property. She has abused them in filthy and in unparliamentary language. She has also threatened the 2nd respondent/LW.2 that she is going to lodge a false case for the offences under the provisions of SC/ST Prevention of Atrocities Act against them. A1 also threatened them in the very same manner. Therefore, the first petitioner/A1 has committed the offences under Sections 420 and 406 IPC and 2^nd petitioner/A2 has committed offences under Sections 448 and 506 IPC.

4.3 On receipt of complaint from the 2^nd respondent, the Investigating Officer, Police Station, Vanasthalipuram, has registered a case in Crime No.619 of 2019 for the aforesaid offences against the petitioners herein. During the course of investigation, he has recorded the statements of 2^nd respondent as LW.1, her husband as LW.2 and eyewitnesses as LWs 3 to 5, LW.6 document writer, who prepared Agreement of sale-cum-GPA with possession and also sale deed. On consideration of said statements of above said witnesses recorded under Section 161 of Code of Criminal Procedure, the Investigating Officer has laid charge sheet against the petitioners herein. The same was taken on file as C.C. No.1019 of 2020 on the file of XXIV Metropolitan Magistrate, Hyderabad.

5. Sri U.V. Suresh Kumar, learned party-in-

person, would submit that he has purchased the above said subject