ORDER

This Criminal Petition is filed by petitioners to quash the proceedings against the petitioners/accused Nos.1 and 2 in C.C.No.1649 of 2023 on the file of learned V Additional Junior Civil Judge cum V Additional Metropolitan Magistrate, L.B.Nagar at Ranga Reddy District for the offences under Sections 420, 406 and 506 of IPC against the petitioner/accused No.1 and charges under Section 420 and 406 of IPC against petitioner/ accused No.2.

2. The complainant lodged a complaint on 22.11.2022 alleging that the defacto complainant is the owner of the plot Nos.387 and 388 admeasuring 300 sq. yards in Survey Nos. 224, 225 and 226 at Maharaj Nagar of Indresham village, Patancheruvu mandal, Sanga Reddy District, by virtue of registered sale deed No.1191/2001, dated 22.02.2001 and he is the managing director of M/s.UK Agri Seeds (India) Pvt. Ltd., and the accused came into acquaintance with him, when he is in the process of availing loan from the known persons to meet his business requirement, the accused informed him that he will arrange loan to the company on a condition that he may join in the company as one of the director and as well as execution of some property documents nominally in his name, towards security and accordingly believing the same, he have executed a nominal registered document i.e. registered Agreement of Sale-Cum-GPA bearing document No.8340 of 2009, dated 19.09.2009 in respect of the said property. The further contention of the complainant is that the accused has not arranged the loan, hence the company terminated the accused from the company on 15.11.2009. The complainant demanded for cancellation of the said AGPA, but the accused threatened with dire consequences and the complainant alleged that he nominally executed AGPA without possession and suppressing true and real facts brought into existence sale deed bearing document No.21014 of 2022 dated 08.06.2022 in favour of Smt. Vishnumolakala Sailaja, who is wife of the accused and when he questioned the same, the accused threatened him with dire consequences, thereafter, he requested for necessary action. Basing on the said complaint, police have registered a FIR No.1027 of 2022 for the offences under Section 420, 406, 468 and 471 read with 34 of IPC and also filed charge sheet.

3. The contention of the petitioner is that from the reading of the entire complaint, even the allegation in the FIR or in the complaint are taken at their face value and accepted in their entirety, do not constitute any prima facie offence or make out any case against the petitioner to attract the ingredients of offences registered under Sections 420, 406 and 506 of IPC and there are no specific overt acts against the petitioner to attract the offences under section 420, 406 and 506 read with 34 of IPC. But defacto complainant threatened the petitioner No.2 on 18.09.2022 with dire consequences by trespassing into his house, the petitioner No.2 has lodged a complaint before Saroornagar police along with CC TV footage and the same is registered as Cr.No.1028 of 2022 against the complainant under Sections 448 and 506 of IPC and this case is registered as a counter blast to the petitioners case and as per the allegations in the complaint, the defacto complainant executed registered AGPA No.8340 of 2009, dated 19.09.2009 in the name of petitioner No.1. The said AGPA was executed on receipt of sale consideration amount and on the same day property was delivered to the petitioner No.1 and the same document reflects that it cannot be revocable and in the complaint it was alleged that the registered AGPA is executed without delivery of possession, which is contrary to the registered document. Further submitted that the complaint is lodged after lapse of 13 years from the date of execution of AGPA and also implicated the petitioner No.2 as in her name sale deed was executed by the petitioner No.1 and the defacto complainant also filed O.S.No.59 of 2023 on the file of Senior Civil Judge