IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD * THE HON’BLE SMT. JUSTICE RENUKA YARA + CRIMINAL PETITION No.630 OF 2024 % Delivered on: 20-08-2025 Between # Nakkala Kishore Yadav .. Petitioner/accused and $ The State of Telangana and another .. Respondents ! Counsel for Petitioner : Mr. B. Rohith Yadav ^ Counsel for Respondent No.1 : Mr. Rudresh Deshpande, Assistant Public Prosecutor for State ^ Counsel for Respondent No.2 : Mr. P. Narasimhulu < Gist :

> Head Note :

? Cases Referred :

THE HON’BLE SMT. JUSTICE RENUKA YARA CRIMINAL PETITION NO.630 OF 2024

ORDER:

This Criminal Petition is filed by the petitioner/accused under Section 482 of Cr.P.C to quash the proceedings against him in S.C.Spl.No.16 of 2023 on the file of the VI Additional Metropolitan Sessions Judge at Secunderabad.

2. Heard Sri B. Rohith Yadav, learned counsel for the petitioner, Sri Rudresh Deshpande, learned Assistant Public Prosecutor for the respondent No.1-State and Sri P. Narasimhulu, learned counsel for respondent No.1 and.

Perused the record.

Brief facts of the case:

3. The petitioner is accused No.1 in S.C.Spl.No.16 of 2023 facing accusations for the offences under Section 420 of IPC and Section 3 (1) (r) (s) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The said case was registered pursuant to a private complaint lodged by respondent No.2 when it was referred to the police and registered vide FIR No.59 of 2022 dated 10.02.2022 against the petitioner and two other accused for the offences punishable under Sections 406, 420 r/w 34 IPC and Section 3(1) (x) SC/ST (POA) Act. Upon registering the FIR, the police conducted investigation and filed charge sheet for the offences under Section 420 of IPC and Section 3 (1) (r) (s) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and the same was taken on file vide S.C.Spl.No.16 of 2023 against the petitioner and no charge was framed against accused Nos.2 and 3.

4. The crux of the case was on a unsuccessful sale transaction between the petitioner herein and respondent No.2. The respondent No.2 and one Banuka Mallikarjun entered into an Agreement of sale dated 29.06.2016 with N. Sudershan Yadav (died) and his brother Nakkala Kishore Yadav i.e. petitioner herein for land admeasuring 586 sq.yds. bearing H.No.1-13-68 to 70 situated at Balamrai, Begumpet, Secunderabad for total sale consideration of Rs.60,00,000/-. Out of said sale consideration, Rs.10,00,000/- was paid on the date of Agreement of sale on 29.06.2016 and subsequently, paid Rs.1,25,000/- on 05.08.2016, Rs.2,50,000/- on 08.05.2018 and Rs.5,00,000/- on 26.02.2019. Out of aforesaid amount, Rs.1,25,000/- was paid to the deceased N. Sudershan Yadav who is brother of the petitioner herein. Thus, totally Rs.20,00,000/- was paid to the petitioner and his brother. When a demand was made to execute sale deed, both of them have protracted the same and did not register the property. On account of pressure from respondent No.2 and Banuka Mallikarjun, the petitioner herein issued cheque dated 23.08.2020 in favour of Banuka Mallikarjun for an amount of Rs.5,00,000/- drawn on Indusland Bank, Somajiguda Branch vide cheque No.831013. While things stood thus, the petitioner and deceased Sudershan Yadav have sold 300 sq.yds. of land to Mrs. Vidya Devi Jain (accused No.2) vide registered sale deed document No.161 of 2020 and 286 sq.yds. of land to Mrs. Nanda Devi Bumb (accused No.3) vide registered sale deed document No.162 of 2020, both dated 27.01.2020 and thereby, cheated respondent No.2 and Banuka Mallikarjun. When respondent No.2 questioned the petitioner about the sale transaction, he abused respondent No.2 by taking Madiga caste name.

5. The accused Nos.2 and 3 i.e. Vidya Devi Jain and Nanda Devi Bumb got a public notice published in a newspaper before purchasing the property from the petitioner and N. Sudershan Yadav calling for objections. Since they have issued a paper publicati