THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.4682 OF 2022

O R D E R

This Criminal Petition is filed by the petitioner-

complainant seeking to quash the impugned order dated 02.11.2021 passed in Criminal Revision Petition No.30 of 2018 by the learned Principal Sessions Judge, Medak at Sangareddy (hereinafter referred to as "the learned Sessions Judge"), whereby the learned Sessions Judge confirmed the order dated 18.06.2018 passed in C.F.R.No.163 of 2018 (Criminal Miscellaneous Petition No.78 of 2018) in Crime No.368 of 2018 by the learned Judicial Magistrate of First Class, Special Mobile Court at Sangareddy (hereinafter referred to as "the learned trial Court"). By the said order, the learned trial Court dismissed the protest complaint filed by the petitioner under Section 190(1) of the Code of Criminal Procedure (for short ‘Cr.P.C.’).

02. Heard Sri V.T.Kalyan, learned counsel representing Sri Gadi Praveen Kumar, learned counsel for the petitioner; Smt.S.Madhavi, learned Assistant Public Prosecutor appearing for the respondent Nos.1 and 5–State; and Sri V.Surender Rao, learned counsel appearing for the respondent No.2. No representation for the respondent Nos.3 and 5. Perused the record.

03. It is the case of the petitioner that he instituted a suit for cancellation of the sale deed bearing document No.19481 dated 29.11.2005 on the file of the learned Principal Junior Civil Judge, Sangareddy, in which an interim order of status-quo was granted against the respondent No.2 herein along with other defendants therein. It is alleged that during the subsistence of the said status quo order, the respondent No.2 executed a sale deed bearing document No.30381 dated 13.12.2006 in favour of the respondent No.3 and subsequently cancelled the said sale deed by executing a cancellation deed bearing document No.19595 of 2013 dated 13.09.2013. However, the fact of cancellation was brought to the notice of the learned Junior Civil Judge after a lapse of one and a half years, by which time 36 adjournments had taken place, and the petitioner was compelled to attend the Civil Court proceedings by travelling from Bangalore, thereby causing him undue hardship and harassment. The petitioner alleges that this sequence of events caused him harassment and amounted to a violation of the interim order by the unofficial respondents. For which, the petitioner sought for invoking criminal proceedings against the unofficial respondents for the offences punishable under Sections 120-B, 327, 406, 409, 420, 424, 467, 468, and 471 read with Section 34 of the Indian Penal Code (for short ‘IPC’).

04. Learned counsel for the petitioner-complainant submitted that both the Courts have failed to appreciate the allegations made by the petitioner in proper perspective and erroneously dismissed his case. It is contended that the Civil Court had passed an order of status-quo on 07.07.2006, and despite having full knowledge of the said order, the respondent No.2 in collusion with the respondent No.4 executed a sale deed in favour of the respondent No.3 with a dishonest intention to frustrate the petitioner's claim and to cause inordinate delay in the disposal of the suit. The respondents compelled the petitioner to attend the Civil Court on 36 occasions, travelling from Bangalore, thereby causing him considerable hardship, including loss of valuable time and money. While praying to allow this Criminal Petition by quashing the orders passed by both the Courts, he relied upon a decision of the Hon’ble Supreme Court in Krishnan and another v. Krishnaveni and another, (1997) 4 Supreme Court Cases 241 wherein it was held at Paragraph No.14 that:

“14. In view of the above discussion, we hold that through the revision before the High Court under sub-section (1) of Section 397 is prohibited by sub-section (3) thereof, inherent power of the High Court is still available under Section 482 of the Code and as it is paramount power of continuous superintendence of the