HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1022 of 2008 ORDER: Petitioners – Accused 2 and 3 approach this Court with a prayer to quash the proceedings against them in C.C.No.801 of 2007 on the file of the VIII Metropolitan Magistrate, Rajender Nagar, Cyberabad, whereby they are facing charge for the offence punishable under Sections 341, 406, 420, 447, 427, 471, 474, 506 and 120-B IPC. The brief facts of the case are as follows: Respondents 2 and 3-de facto complainants herein preferred a complaint against the petitioners herein that they purchased a land, which was in possession of the respondents from A1 in the present case and further it is alleged that knowing fully well that the respondents are the owners of the land, the present petitioners purchased the same from A-1 as a benami transaction. On the said purchase, the petitioners entered into the field and caused damage to the properties and also executed forged deeds between themselves. On the basis of the said complaint, police filed the present charge sheet. This Court perused the entire records and also heard the submissions of the petitioners’ counsel as well as the public prosecutor. It is the admitted case that the petitioners herein purchased the property from A-1. It is also the case of the respondents herein that they purchased the property from A-1 even prior to the purchase of the said land by the petitioners herein. If the said land was purchased by the respondents herein prior to the purchase of the petitioners, the aggrieved party is the petitioners herein, since because an agreement or a sale between A-1, A-2 and A-3 while pendency of sale deed between A.1 and the respondents, does not attract any criminal offence and further the reading of the complaint and the charge sheet filed by the respondents police on the basis of the said complaint clearly indicates that the police have not investigated the matter in a proper manner and the contents in the charge sheet are only reiteration of the complaint filed by the respondents herein. The charge sheet does not reveal any sort of investigation conducted by the investigation agency and further it is unfortunate to note since because there is no investigation, nothing has been placed before the Court regarding the commission of any offence by the petitioners herein. In the absence of any specific overt acts and also in view of the above said discussion, this Court is of the view that none of the offence mentioned in the charge sheet made out against the petitioners herein. Hence, the proceedings in C.C.No.801 of 2007 on the file of the VIII Metropolitan Magistrate, Rajender Nagar, Cyberabad, pending against the petitioners are liable to be quashed. In that view of the matter, the proceedings pending against the petitioners in C.C.No.801 of 2007 on the file of the VIII Metropolitan Magistrate, Rajender Nagar, Cyberabad, are hereby quashed and the Criminal Petition is allowed. Miscellaneous petitions filed along with the criminal petition, if any, shall stand closed. _________________ RAJA ELANGO, J. 24th February 2011, Rns.