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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.14928 of 2025

Date: 29.12.2025

Between:

Smt. Maimoona Begum and another

… Petitioners/Accused Nos.2 and 3

And

State of Telangana,

Rep. by the Public Prosecutor,

High Court for the State of Telangana,

Hyderabad and another

... Respondents

ORDER:

This Criminal Petition is filed by the petitioners-accused Nos.2

and 3 seeking to quash the proceedings in CC No.2563 of 2021 on

the file of the Metropolitan Magistrate at L.B. Nagar, Ranga Reddy

District, registered for the offences under Sections 420 and 406 IPC.

2. Heard Sri G. Allabakash, learned Senior Counsel for the

petitioners and Sri Jithender Rao Veeramalla, learned Additional

Public Prosecutor for the respondent No.1-State.

3. Learned counsel for the petitioners has submitted that the

matter is purely of civil nature and that the petitioners are enjoying

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status quo in the civil suit pending between the parties and that

inspite of the injunction order existing in their favour, the present

complaint is lodged by the de facto complainant to settle the scores

on civil side. He further submitted that the continuation of

proceedings against the petitioners, who are innocent persons,

would be an abuse of process of law and therefore, prayed to quash

the proceedings against the petitioners.

4. Learned Additional Public Prosecutor has submitted that

the accused No.1, being the original owner, has executed a GPA

and through his GPA holder he sold the property to the de facto

complainant and that again he sold away the same property to the

third parties, thus has cheated the de facto complainant and hence,

prayed to dismiss the petition.

5. Perused the record.

6. The recitals of the charge sheet reveal that the accused

No.1 is the absolute owner of plot No.61, admeasuring 500 sq. yds.,

situated in Sy. Nos.128, 129, 135 and 138 at Chengicherla village

and that the accused No.1 gave GPA to one S.P. Eshwar Rao vide

GPA document No.554 of 1994 dated 15.07.1994. Subsequently,

the de facto complainant has purchased the said land from Eshwar

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Rao vide document No.1 of 1999, dated 31.12.1998 and after taking

permission from Grampanchayat, constructed one room and a

compound wall and has been paying the taxes and electricity bill.

Subsequently, accused No.1 divided the said land into two plots and

again sold one plot on the eastern side to accused No.2-petitioner

No.1 herein vide document No.2726 of 2008 dated 23.06.2008 and

has given GPA on the western side of the plot in the name of

accused No.2 vide document No.2727 of 2008, after which the

accused No.2 has sold away the said plot to accused No.3-petitioner

No.2 herein vide document No.4770 of 2012 dated 13.09.2012.

Thus, accused No.1 is alleged to have acted in collusion with

accused Nos.2 and 3 and cheated the de facto complainant to grab

his property. Thus, prima facie case exists against the petitioners

herein.

7. Learned counsel for the petitioners contends that the Apex

Court has held in catena of decisions that the offences under

Sections 406 and 420 IPC do not exist together and thus, the

prosecution case initiated under Sections 406 and 420 IPC is bad in

the eye of law and hence, continuation of proceedings against the

petitioners would be an abuse of process of law. But, in the present

case, the dishonest intention of the petitioners is pointed out by the

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act of double registration of the same land as discussed in the

preceding paragraph and which of the offences i.e. either 406 IPC or

420 IPC would attract can be decided only after a full-fledged trial.

At this juncture, the proceedings against the petitioners cannot be

quashed. Hence, it is deemed appropriate to dispose of the petition

by dispensing with the attendance of the petitioners before the trial

court.

8. Accordingly, the Criminal Petition is disposed of by

dispensing with the attendance of the p