THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.15710 OF 2024

ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) to quash the proceedings against the petitioners in C.C.No.885 of 2024 on the file of X-Additional Junior Civil Judge-cum-X- Additional Metropolitan Magistrate at Medchal, Rachakonda, Medchal District. The petitioners herein are accused Nos.1 and 2 and the offences alleged against them are under Sections 406 and 420 r/w.Section 34 of Indian Penal Code (for short ‘IPC’).

2. The facts of the case are that the defacto-complainant-2nd respondent lodged a complaint stating that he is the son-in-law of late M.Shyamala Devi who was a member of Sri Bhavana Rushi Co-operative House Building Society (for short ‘Society’) with membership No.2248. The object of the Society was to allot plots to its members in the land available to the Society as per the approved layout of the Society. Late Shyamala Devi was allotted Plot No.68 to an extent of 160 Sq yards vide proceedings dated 26.08.2008. However, she expired on 31.01.2000. The 2^nd respondent as the legal heir of late Shyamala Devi approached the members of