THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.4307 OF 2021

ORDER:

This Criminal Petition has been filed by the petitioner/accused seeking to quash the proceedings in C.C.No.3022 of 2021on the file of the Principal Junior Civil Judge-cum-IV Additional Metropolitan Magistrate, Medchal-Malkajgiri District at L.B.Nagar, for the offences punishable under sections 406 and 420 of the Indian Penal Code, 1860 (for short ‘IPC’).

2. This matter initially came up for hearing before this Court on 12.08.2025. On that day, there was no representation on behalf of respondent No.2, either in virtual or physical mode. To give an opportunity to respondent No.2, the matter was posted to 18.08.2025 under the caption "For Orders." On 18.08.2025 also, there was no representation on behalf of respondent No.2. In order to give one more opportunity, the matter was posted today under the same caption. Even today, there is no representation on behalf of respondent No.2, either in physical or virtual mode. It appears that respondent No.2 is not interested in prosecuting the matter. Hence, this Court has no option except to proceed with the matter on merits.

3. Heard Sri C.HariPreeth, learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor, appearing for respondent No.1.

4. Learned counsel for the petitioner submitted that the petitioner has not committed the alleged offence and he has been falsely implicated in the present case. Even as per the allegations made in the complaint, the dispute is purely civil in nature. Respondent No.2 has lodged the complaint with an intention to harass the petitioner in one way or the other though he has not committed any offence as alleged by him. The Investigating Officer without properly conducting an investigation, filed charge sheet. Basing on the same, the learned Magistrate took cognizance and the case was numbered as C.C. No.3022 of 2021.

5. He further submitted that the petitioner had lodged a complaint against respondent No.2 on 01.04.2020, however, the Station House Officer, Medipally, registered crime for the offences punishable under Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 2015only on 04.04.2021. The Investigating Officer, without properly conducting an investigation, filed the final report. The petitioner has filed a protest petition before the said Court, and the same is pending.

6. He further submitted that the respondent No.2 had agreed to purchase the property, namely House No. 5-3/1/100/132, situated in Plot No.132 (northeast part) admeasuring 97.22 Sq. Yards, and part of Plot No.133 (west part) admeasuring 19.44 Sq. Yards, totaling 116.66 Sq. Yards in Sy. Nos. 51, 53, and 55, located at AmmasaniVenkat Reddy Colony, Boduppal, for a total sale consideration of Rs.56,00,000/-. Even according to the complaint of respondent No.2, he has paid Rs.14,00,000/- as advance, and the remaining balance sale consideration was not paid. In such circumstances, respondent No.2 ought to have filed a civil suit for specific performance of contract of sale seeking enforcement of the agreement of sale by approaching a competent Civil Court. On the other hand, he has lodged the complaint even though the ingredients of Sections 406 and 420 IPC are not attracted and the same is clear abuse of process of law.

7. Per contra, the learned Assistant Public Prosecutor submits that specific allegations have been made against the petitioner in the complaint, which attract the ingredients of Sections 406 and 420 of the IPC. The Investigating Officer, after conducting a detailed investigation, filed the final report. The grounds raised by the petitioner in the present criminal petition have to be adjudicated during the course of trial, and therefore, the petitioner is not entitled to seek for quashing of the proceedings at this stage.

8. Having considered the rival submissions made by the respective parties and upon perusal of the material available