THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.4657 of 2008 Date: 17.03.2011 Between: Palagiri Venkata Subbamma and another …..Petitioners And Shaik Ali Ahmad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4657 OF 2008 ORDER: The point is whether proceedings in C.C.No.263 of 2007 on the file of the Court of II Additional Judicial First Class Magistrate, Kadapa, which is a criminal case instituted against the two petitioners herein, who are shown as A-1 and A-2 in the said case can be quashed. A perusal of the charge sheet shows that the dispute is between the de facto complainant and the petitioners herein regarding the sale transaction pertaining to the house of the petitioner. The version of the de facto complainant is that the house in question does not belong to the petitioners and they entered into a sale agreement with regard to above house as if they are the owners of the house with the de facto complainant and took Rs.3,00,000/- from him as advance, but, failed to complete the transaction and thereby committed cheating and other offences. The plea of the petitioner is that the case is pertaining to the sale of immovable property and the allegations made by the de facto complainant show to civil disputes and have nothing to do with the criminal offences mentioned in the complaint. It may be noted that the concerned investigation officer investigated into the mater and laid charge sheet. I am of the opinion that in these proceedings under Section 482 Crl.P.C., this Court having regard to the circumstances of the case cannot decide on the allegations made as to whether the dispute is a civil dispute or involves a criminal offence and that aspect has to be decided by looking into the evidence. In other words, this is not a case where it can be said from the averments in the F.I.R. or in the charge sheet that they do not disclose any criminal offence. One aspect which was pointed out by Counsel for the petitioner is that in the complaint, the de facto complainant has alleged that the house does not belong to the petitioners, whereas the concerned police officer in the charge sheet did not mention about that aspect at all and that is a plus point for the petitioners to quash the proceedings. I am of the opinion that this circumstance by itself is not sufficient to quash the proceedings. It is open for the petitioners to file a petition for discharge and seek appropriate relief before the trial Court. It is brought to my notice that petitioners are on bail and hence, no orders are necessary in that behalf. Accordingly, this Criminal Petition is dismissed. _________________________ JUSTICE N.RAVI SHANKAR 17.03.2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4657 of 2008 DATE: 17.03.2011