THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 2465 OF 2024

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings in C.C.No.774 of 2023 on the file of the II Additional Metropolitan Magistrate, at Malkajgiri against the petitioners.

2. The petitioners are arraigned as accused Nos.1 and 2 in C.C.No.774 of 2023 charged for the offences punishable under Sections 406, 420, 417, 120-B of IPC.

3. Heard Mr.Anirudh Thimmaraju, learned counsel representing the learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

4. The prosecution case in brief is that the petitioner No.1 had fraudulently projected himself to be the sole legal heir to their parents and successor of the property, executed a gift deed in favour of his wife/petitioner No.2/accused No.2. Thus the complaint.

5. Learned counsel for the petitioners would submit that the petitioners are innocent and the gift deed which said to have been executed by the petitioner No.1 has been challenged in a civil litigation. However, pendi