THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.10540 of 2023

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) seeking to quash the proceedings in C.C.No.4507 of 2019 on the file of XVII Additional Chief Metropolitan Magistrate, Hyderabad at Nampally, wherein the petitioner was arrayed as accused No.3, for the offence punishable under Section 420 r/w 34 of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 156(3) Cr.P.C.

2. Heard Mr.P.Giri Krishna, learned counsel for the petitioner and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor appearing on behalf of respondent No.1 - State.

3. There is no representation on behalf of respondent No.2 - de facto complainant either in physical mode or virtual mode.

4. The grievance of respondent No.2/defacto complainant is that an agreement of sale with GPA was executed on 03.12.2005 vide document No.4254/2005 in the office of Sub-Registrar.

Though his name is mentioned at Serial No.7 as Vendor, he was not present in India and his signature and thumb impression were forged. He approached this petitioner herein and two others who are the vendees not to act in any manner by virtue of the document No.4254/2005, however the petitioner acted in the way prejudicial to the interests of the complainant.

5. Learned counsel for the petitioner submits that the petitioner has not committed any offence and has been falsely implicated in the present case. Even according to the allegations made in the complaint or charge sheet, the ingredients of Section 420 IPC are not attracted against the petitioner. It is further submitted that the very same allegations were levelled against accused No.1, who approached this Court by filing Crl.P.No.8235 of 2019 seeking quashment of the proceedings, and this Court allowed the said Criminal Petition on 16.11.2023. Therefore, the petitioner is also entitled to the same relief and prays that the present Criminal Petition be allowed.

6. Per contra, the learned Assistant Public Prosecutor submits that there are specific allegations are levelled against the petitioner and that the ingredients of Section 420 IPC are attracted. Whether the petitioner has committed the offence or not will be revealed only after a full-fledged trial. Based on the grounds pleaded in the Criminal Petition, the petitioner is not entitled to seek quashing of the proceedings. However, the learned Assistant Public Prosecutor has not disputed the quashing of proceedings against accused No.1. 7. Having considering the rival submissions made by the respective parties and after perusal of the material available on record including the complaint and charge sheet, it reveals that the very same allegations are levelled against accused No.1 and the petitioner herein. Accused No.1 had approached this Court by filing Crl.P.No.8235 of 2019 seeking quashing of the proceedings against him in C.C.No.4507 of 2019, and the said Criminal Petition was allowed on 16.11.2023.

8. Taking into consideration the above said order, this Court is of the considered view that the continuation of the proceedings against the petitioner/accused No.3 in C.C.No.4507 of 2019 on the file of the XVII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, is clearly an abuse of the process of law. Hence, the said proceedings are liable to be quashed, and accordingly quashed.

9. Accordingly, this Criminal Petition is allowed.

Pending miscellaneous applications, if any, shall stand closed.

___________________________ JUSTICE J. SREENIVAS RAO

Date: 14.10.2025

SZT/sa