HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.9675 OF 2009 Date: 27-09-2010 Between: Gade Shankar Reddy and another. --- Petitioners/A-1 & A- 2. And Uppala Shamnthaka Mani and The State of A. P., Rep. By its Public Prosecutor, High court of A.P., Hyderabad. --- Respondents. This Court made the following : HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.9675 OF 2009 ORDER: The petitioners 1 and 2/A-1 and A-2 are accused of offences punishable under Sections 406, 417, 420/34 I.P.C. in Crime No.185 of 2009 of II Town Police Station, Nalgonda. Private complaint filed by the first respondent was referred by the Judicial Magistrate of the First Class, Nalgonda, to the police for investigation and report under Section 156 (3) Cr.P.C. A-2 is wife of A-1. 2) There is no dispute that originally, A-1 was owner of the house bearing No.7-9-37 in S.No.1281 admeasuring 503.5 square yards of site in Aluvelamanga Colony (Sreeramnagar Colony) Nalgonda. It is alleged that when A-1offered to sell the said house, the first respondent agreed to purchase the same for Rs.3,03,500/- and that the first respondent paid entire sale consideration to A-1 on 24-09- 2001 and that A-1 executed Registered Agreement for sale-cum- General Power of Attorney in favour of the first respondent on 24-09- 2001. While so, A-2 filed O.S. No.97 of 2009 on the file of Junior Civil Judge, Nalgonda, against the first respondent and her husband for perpetual injunction in respect of the same house property, on the ground that A-1 settled the said property in favour of A-2 by way of registered gift settlement deed dated 08-04-2009. It is alleged that as there was increase in prices, A-1 and A-2 with a common intention to cheat and cause wrongful loss to the first respondent, conspired and hatched plan and that it resulted in the bogus gift settlement deed. 3) Placing reliance on Ram Biraji Devi and another Vs. Umesh Kumar Singh and Another[1], It is contended by the petitioners’ counsel that it is purely a civil matter between the parties and that there is no element of crime involved in this case. Subject matter herein is still under investigation though prima-facie the dispute between the parties appears to be of civil in nature, it has to be investigated as to what made A-1 to execute and register gift settlement deed dated 08-04-2009 in favour of his wife, after having executed registered agreement for sale-cum-General Power of Attorney deed dated 24-09-2001 in favour of the first respondent and whether A-1 executed the gift settlement deed with a view to cheat the first respondent. In my opinion, it would be premature for this Court to consider and decide the said aspect in the absence of entire documents and pleadings in the civil suit, before this court. After considering the entire facts, circumstances and documents, it is for the investigating officer to come to a conclusion on this aspect. It would be sufficient personal liberty of A-1 and A-2 is protected pending investigation by directing the police not to arrest them. 4) In the result, the Petition is dismissed. But, the Investigating Officer is directed not to arrest the petitioners 1 and 2/A-1 and A-2 pending investigation in Crime No.185 of 2009. _____________________________ SAMUDRALA GOVINDARAJULU, J. Date: 27-09-2010. DSH [1] AIR 2006 SC 2035