THE HON’BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.11615 of 2022

ORDER

This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) by the petitioner/accused No.2, seeking to quash the proceedings in C.C. No.2960 of 2022 on the file of the XIV Additional Metropolitan Magistrate, Cyberabad, Ranga Reddy District at Rajendranagar.

2. Heard Mr.S.Ram Reddy, learned counsel for the petitioner, Mr.Govardhan Venu, learned counsel, representing M/s Nomos Vistas The Lawyers, appearing for respondent No.2 and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor, appearing on behalf of respondent No.1.

3. Brief facts of the case:

3.1. That on 20.05.2022, the de-facto complainant respondent No.2 lodged a complaint alleging that he being the father and Power of Attorney holder of C.Nithish Goud, who is the absolute owner of Plot No.380 forming part of Layout No.3020/MP2/HMDA/1992, dated 20.08.1992 in Sy.No.529 of Budvel Village having purchased the same under a registered Sale Deed document No.5842/2016, dated 27.06.2016 from Pushpalatha and has been in possession of the plot since the date of purchase and that as things stood thus, Mr.Baddam Narsimha Das Goud claiming to be the owner of plot No.380 in Sy.No.529/ అ, 529/ఆ and 530/అ has filed a suit in O.S.No.2009 of 2018 on the file of VII Additional Senior Civil Judge, Rangareddy District and the same is pending adjudication and it was posted to 22.06.2022 and that taking this suit as a noose, Mr.Baddam Narsimha Das Goud along with accused Nos.2 to 8 using their official post are interfering with complainant’s possession and trying to intimidate them and that out of such attempts, on 05.05.2022, the petitioner along with henchmen have come up to the plot and tried to alienate the same to third parties and that when complainant objected for the same, the accused have threatened him with dire consequences. Hence, requested to take action. Based on the said complaint, the present crime was registered against the petitioner and other accused for the offence under Sections 420 and 506 r/w 34 of IPC and after conducting investigation, the Investigating Officer filed charge sheet and the same was numbered as C.C. No.2960 of 2022 on the file of the XIV Additional metropolitan Magistrate, Cyberabad, at Rajendra Nagar, Ranga Reddy District.

4. Submissions of the learned counsel for the petitioner:

4.1. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he was falsely implicated in the present case. Even according to the allegations made in the complaint or in the charge sheet, the ingredients for the offences under Sections 420 and 506 r/w 34 of IPC are not attracted against the petitioner. He further submitted that accused No.1 had purchased the property to an extent of 200 square yards in plot No.380 in Sy.Nos.529/అ, 529/ఆ and 530/అ through registered Sale Deed, dated 23.08.2018, from its rightful owners by paying valuable sale consideration and since then he has been in possession and enjoyment of the property and he is a bonafide purchaser.

4.2 He further submitted that respondent No.2 lodged a complaint alleging that his son had purchased 200 square yards in Sy.No.529 through Registered Sale Deed bearing document No.5842 of 2016, dated 27.06.2016, and the petitioner along with other accused are trying to interfere with the subject property. When the son of respondent No.2 claimed the very same property of accused No.1 through alleged Registered Sale Deed, dated 27.06.2016, accused No.1 filed a suit in O.S. No.2009 of 2018 on the file of VII Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar seeking declaration and perpetual injunction and also declaring the Sale Deed in favour of Pushpalatha as illegal and null and void and the same is not binding upon him. Respondent No.2 lodged a false complaint against the petitioner and others alleging that the petitioner and o