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 Society to transfer the said plot and to register the same in his name. The 2nd respondent also paid requisite charges for the said transfer. However, the accused postponed the matter on one pretext or the other stating that the said plot was involved in a dispute pending before the Court and the same will be registered in the name of 2^nd respondent after the dispute is resolved. The petitioners in collusion, registered the said plot in the name of one Naveen Kumar who is A.4 stating that he is the member of Society and it was also registered on 21.09.2020, whereas A.4 was not member of the Society and the said membership belongs to one P.Ramadevi. The petitioners herein have created fake membership document and illegally sold the same to A.4 against the bye laws of the Society for wrongful gain, thereby committed criminal breach of trust and cheating. Basing on the said complaint, after completion of investigation, charge sheet is filed and the same is numbered as C.C.No.885 of 2024.

3. Heard Sri Sai Sumed Yasaswi Kondapalli, learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the respondent No.1-State. Inspite of service of notice, none appeared on behalf of respondent No.2.

4. The contention of learned counsel for the petitioners is that the statement of witnesses recorded, even if taken on face value and accepted, it would not make out a case against the petitioners for the offences alleged. The dispute of sale of allotted plots, is between the Society and its members and the remedy is to agitate the dispute under Section 61 of the Telangana Co-operative Societies Act (for short ‘Act’) by virtue of exemption provided under the said Act for redressal of grievance, but not the criminal case. He further submitted that petitioners as the members of Managing Committee of the Society re-allotted the plot to A.4 by following bye laws of the Society and in furtherance of resolution No.14 and 15 passed by the Society on 16.06.2017 to cancel the plots allotted to the members of Society who have not come forward to register plots as prescribed by the bye laws by paying requisite charges, and to re-allot the plots to the remaining members of Society who are waiting from a long period. Further, the plots allotted by the previous Managing Committee were sought to be cancelled as many members have not come forward to register the plots in their names. It is further submitted that letters were also sent to all such members on 30.04.2017 and there was no response and in some cases, notices were returned due to the demise of members, as such, the Society passed resolution to cancel allotment of such plots and re-allotment was done by way of lottery as prescribed in clause 42 of the bye laws. Hence, there is no illegality in al