IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE ASHUTOSH MOHUNTA CRIMINAL PETITION No.1660 of 2008 Between: Papigari Lakshmaiah ..... PETITIONER AND The State of A.P. rep.by its Public Prosecutor and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE ASHUTOSH MOHUNTA CRIMINAL PETITION No.1660 of 2008 O R D E R: The petitioner has filed this criminal petition under Sec.482 Cr.P.C. seeking to quash the FIR No.63/2008 dated 27.02.2008, registered at P.S.Mahabubnagar Rural under Sec.420 of IPC. The brief facts of the case are that the 2nd respondent herein filed the complaint against the petitioner on 27.02.2008 before the Sub- Inspector of Police, P.S.Mahabubnagar Rural, wherein it was alleged that on 03.03.2003 the petitioner entered into an agreement of sale with the 2nd respondent; that as per the said agreement of sale, the petitioner agreed to sell the land, admeasuring Ac.1.20 in Sy.Nos.264 and 265, situated within the limits of Yenugonda village of Mahabubnagar Mandal, for a total consideration of Rs.12,75,000/- @ Rs.8,50,000/- per acre; that as per the agreement of sale dated 03.03.2003, the 2nd respondent has paid the entire sale consideration to the Vendor P.Laxmaiah, i.e. the petitioner and took possession of the aforementioned lands, and the Vendor agreed to register the aforementioned lands in the name of M/s.Vahini Finance & Chit Fund Private Limited or its nominee; that the lands purchased by the 2nd respondent are stated to be converted into house plots, for which a lay out plan was also approved by the Director of Town and Country Planning; and that the 2nd respondent requested the petitioner to get the sale deed registered on numerous occasions, but, instead of registering the aforementioned lands in the name of the 2nd respondent, he is alleged to have sold the aforementioned lands to some other persons illegally. On the basis of the aforementioned complaint, the Sub-Inspector of Police, P.S. Mahabubnagar Rural, registered a case in FIR No.63/2008 dated 27.02.2008 under Sec.420 of IPC. Learned counsel for the petitioner submits that the subject matter is civil in nature and civil proceedings are already pending in the Court of Special Sessions Judge under A.P.Protection of Depositors of Financial Establishment Act, 1999 at Mahabubnagar, in which the petitioner is claiming ownership over the property in question, whereas the 2nd respondent is also claiming the same. It is contended that as the subject matter is civil in nature, the FIR is liable to be quashed. On the other hand, the learned Public Prosecutor, appearing for the State i.e. the 1st respondent, however, submits that there are specific allegations in the FIR against the petitioner of having cheated the 2nd respondent, and hence, the FIR is not liable to be quashed. After going through the contents of the FIR and the pleadings of the parties, I am of the considered opinion that specific allegations have been levelled against the petitioner. As per the contents of the FIR, the petitioner is alleged to have cheated the 2nd respondent, firstly, by entering into an agreement of sale in favour of the 2nd respondent in respect of the aforementioned lands, and thereafter, selling the same by converting into house plots to some other parties. In view of the fact that there are specific allegations made against the petitioner, there are absolutely no valid or justifiable grounds to invoke the inherent powers of this Court under Sec.482 of Cr.P.C to quash the FIR No.63/2008 dated 27.02.2008 of P.S.Mahabubnagar Rural, and hence the Criminal Petition is liable to be dismissed. The Criminal Petition is, accordingly, dismissed. ______________________ ASHUTOSH MOHUNTA,J Dated: 28.09.2011 Dsr