THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2700 of 2008 16th November, 2011 between :- Velichala Mallesham and another .. Petitioners And The State of Andhra Pradesh Rep.by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2700 of 2008 ORDER:- This petition has been taken under Section 482 Cr.P.C. by A.2 and A.3 in C.C.No.1563 of 2005 on the file of the Additional Judicial Magistrate of First Class, Karimnagar, to quash the proceeding therein. A report came to be presented on 4-9-2005 at about 8.00 P.M. by Panchagnula Ravi Kumar, S/o.Hanumantha Rao alleging inter alia that A.1 – Akula Prakash, A.2 – Velichala Malleshm and A.3 – Gourishetti Prabhakar made him to part with Rs.6,00,000/- as an advance for sale of Ac. 9.00 of land comprising Sy.No.721/22 situated at Housing Board Colony, Karimnagar and subsequently they refused to execute a sale deed and thereby misappropriated the advance amount. It is further alleged in the report that all the accused threatened him with dire consequences. Basing on the said report, a case in Crime No.410 of 2005 came to be registered by the Station House Officer, Karimnagar I-Town P.S., Karimnagar. After due investigation, charge-sheet came to be presented before the Additional Judicial Magistrate of First Class, Karimnagar. The learned Magistrate took the charge-sheet on file as C.C.No.1563 of 2005 for the offences under Sections 406, 420 and 506 read with 34 of I.P.C. Hence, this petition by A.2 and A.3 to quash the proceeding therein. Notice to the respondents came to be ordered on 10-6-2008. The petitioner was directed to take out personal notice to the respondent by RPAD and file proof of service. The petitioner took out notice to R.2 and filed memo stating that notice taken out by RPAD has been served on R.2. Heard learned Counsel appearing for the petitioners and learned Additional Public Prosecutor appearing for respondent No.1 – State. Learned Counsel appearing for the petitioners submits that A.1 – Akula Prakash has approached this Court by filing petition under Section 482 Cr.P.C. to quash the proceeding against him in C.C.No.1563 of 2005 and the said petition being Criminal Petition No.3088 of 2006 came to be allowed on 5-9-2006 and the case of the petitioners stands on the same footing as that of A.1 and therefore the proceedings in C.C.No.1563 of 2005 against the petitioners also are liable to be quashed. The factual aspect of the proceedings being quashed against A.1 – Akula Prakash is not contradicted by the learned Additional Public Prosecutor. Indeed a copy of the order has been placed on record. The case of the petitioners stands on the same footing as that of A.1. It is specifically observed in Criminal Petition No.3088 of 2006 that the dispute between the parties is civil in nature. In that view of the matter, this Criminal Petition is allowed and the proceedings against the petitioners (A.2 – Velichala Mallesham and A.3 – Gourishetty Prabhakar) in C.C.No.1563 of 2005 on the file of the Additional Judicial Magistrate of First Class, Karimnagar are quashed. _________________________ B.Seshasayana Reddy, J 16th November, 2011 smr