THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.5250 and 5332 of 2020

COMMON ORDER:

Criminal Petition No.5250 of 2020 is filed by petitioners/A1 and A2, and Criminal Petition No.5332 of 2020 is filed by petitioners/A5 to A10, to quash the proceedings in CC.No.3138 of 2019 on the file of XVII of the Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, for the offences under Sections

406, 420, 468, and 471 r/w.34 of the Indian Penal Code.

2. It is stated by both the Counsel that Petitioner No.4 in Crl.P.No.5332 of 2020, who was arrayed as Accused No.8, has died. 3. Briefly, the case of the 2^nd respondent/defacto complainant is that Accused Nos.1 and 4 have induced him and offered to sell four properties, i.e., i) Plot No.134, Road No.10, Jubilee Hills, Hyderabad;

ii) Plot No.74, Journalist Colony, Jubilee Hills, Hyderabad;

iii) Plot No.73, Nava Nirman Colony, Road No.71, Jubilee Hills, Hyderabad; and iv) Plot No.68, Journalist Colony, Jubilee Hills, Hyderabad.

It was represented by Accused Nos.1 and 4 that they were high ranking officials in the State Government. Further, the original documents of the properties were lying in the concerned Department for regularization. Believing their version, huge amounts were paid by the 2^nd respondent. Further, Accused No.6 impersonated as an employee in the Secretariat, called the 2nd respondent, and stated that the investigation by the Government is awaited in respect of the properties which the 2nd respondent intended to purchase.

4. The 2^nd respondent came to know that A1 and A4, with the aid of A2 and A6, have cheated several persons, and the modus operandi adopted by them in all the cases is one and the same.

5. Having gone through the record, specific allegations are leveled against A1, A2, A4, and A6.

6. Insofar as Accused Nos.5, 7, 9, and 10 are concerned, the allegations are that they are the family members of A1 and A4, and that they were also involved in the alleged cheating committed by A1 and A4. There were no specific allegations against these accused, i.e., A5, A7, A9, and A10, at any point of time stating that they have either met the 2nd respondent or supported A1 and A4 in any manner.

7. According to the 2^nd respondent, after he came to know that he was cheated by A1 and A4, he met the family members of A1 and A4, who promised that the amounts taken by A1 and A4 will be repaid.

8. The offences are under Sections 406, 420, 468, and 471 r/w.34 of the Indian Penal Code.

9. The Honourable Supreme Court, in S.K.Alagh v. State of Uttar Pradesh and others, (2008) 5 SCC 662 held as follows:

“18. Ingredients of the offence under Section 406 are:

“(1) a person should have been entrusted with property, or entrusted with dominion over property;

(2) that person should dishonestly misappropriate or convert to his own use that property, or dishonestly use or dispose of that property or wilfully suffer any other person to do so;

(3) that such misappropriation, conversion, use or disposal should be in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract which the person has made, touching the discharge of such trust.”

10. The Honourable Supreme Court, in A.M.Mohan v. The State rep. by SHO and others, 2024 SCC OnLine SC 339 held as follows: “18. Section 420 of the Penal Code reads thus:

“420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.”

19. The ingredients to constitute an offence under Section

420 are as follows:

19.1. A person must commit the offence of cheating under Section 415; and

19.2. Th