THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PETITION No.1418 of 2025

ORDER:

The present criminal petition is filed under Section 528 of BNSS, seeking to quash the proceedings against the petitioners/accused Nos.2 to 7 in C.C.No.2424 of 2023, on the file of the learned II Additional Junior Civil Judge-cum-IX Additional Metropolitan Magistrate at Medchal, Medchal-Malkajgiri District. The offences alleged against the petitioners are under Sections

420, 386, 509, 506 r/w 34 of Indian Penal Code (for short ‘I.P.C’).

2. The facts of the case are that on 10.12.2022 the de facto complainant/respondent No.2 gave a complaint stating that she is the owner of land to an extent of Ac.2.11 guntas in Sy.No.316 and Ac.0.04 guntas in Sy.No.316/A, backside of Classic Dhaba at Medchal. It is stated that in the year 2014 a total extent of Ac.2.15 guntas was given for development and a AGP was executed in favour of one Kuthadi Srinivas, who belongs to Laxmi Balaji Developers, wherein, an agreement of sale was entered stating that the said Srinivas will take 67% and the 2^nd respondent will get 33% profit. On 26.10.2015 the said Srinivas said that he would build 12 villas and give her, as her share of 33% profit and prepared a Memorandum of understanding. But the said Srinivas did not build and did not hand over Villas to her. When she asked about her share, the said Srinivas along with others threatened her. On 10.10.2022 at about 10.30 hours, the 2^nd respondent along with her two sons saw that their land was fenced with tin. Basing on the MOU, when the 2nd respondent asked her share, then the Srinivas along with his sons Srikanth, Kalyan and his brothers Kumar, Mahesh, Krishna and his nephew Kurkula Sinivas threatened them, scolded and also warned to kill them. He also demanded to return the MOU and money otherwise he would kill her and that he would break the legs of her son. By the said acts, she realized that she was cheated by the said Srinivas. As such, she lodged a complaint with the police against accused Nos.1 to 7.

3. On receipt of the said complaint, the Inspector of Police, Police Station, Medchal, Cybderabad, registered a case in Crime No.2424 of 2023, under Sections 420, 386, 509, 506 r/w 34 of I.P.C.

4. Heard Sri K.S.Sai Pavan, learned counsel appearing for the petitioners and learned Assistant Public Prosecutor appearing for respondent No.1-State. Even though notice is served on respondent No.2, none appeared on her behalf. Perused the record.

5. The contention of learned counsel for the petitioners is that Mr. Kuthadi Srinivas/accused No.1 is the Managing Director of M/s.Laxmi Balaji Developers Pvt. Ltd., petitioner Nos.1 and 2 are sons of accused No.1 and petitioner Nos.3 to 6 are the relatives of accused No.1. Accused No.1 entered into an agreement of sale- cum-GPA with respondent No.2 and due to various reasons including non-cooperation of respondent No.2 and her family members the Agreement of Sale-cum-General Power of Attorney was not fulfilled and the development work has not commenced, whereby the said AGPA was cancelled, vide document No.1969 of 2016 dated 17.03.2016, by respondent No.2 and her family members.

6. Learned counsel further contended that after cancellation of AGPA, immediately respondent No.2 along with her family members again sold the land by way of residential plots to accused No.1, where the accused No.1 purchased 39 plots from respondent No.2 through different registered sale deeds in the name of firm and the sale deeds are also filed by accused No.1. Therefore, the complainant sold the land by way of residential plots prior to filing of complaint. He further submitted that accused No.1 also lodged a complaint before the police against respondent No.2 including her family members vide FIR No.429 of 2023 and the said crime was registered for the offences under Sections 420 and 506 r/w.34 of I.P.C. According to respondent No.2 the alleged incident happened on 10.10.2022 but after two months, suddenly she