HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 7570 of 2007 Date: 08-07-2010 Between: Dharavath Pandu and another ……… petitioners and The State of A.P. and another …….. Respondents HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 7570 of 2007 ORDER: The petitioners approached this Court with a prayer to quash FIR No.225 of 2007 of II Town Police Station, Kareemnagar, registered for the offence punishable under Sections 420 of IPC. The complaint lodged by the defacto complainant runs as follows: “I am resident of Mankamma Thota, Kareemnagar living by business. When I am enquiring about a house for purchase Sri Dharavath Pandu, S/o. Tulsha, Resident of Khammam District, informed me that he wanted to sale his house bearing No.7-2-414 (7-2-128 {old}) Bangalore Tiles, situated at Kareem Nagar. I was informed that the value of the house is Rs.3,75,000/- . I agreed to take the house and paid Rs.65,000/- through Cheque No.344820, KDCC Bank, Mankamma Thota and Rs.9,000/- in cash as an advance on 20-06-2004 in the presence of Dindigala Mahesh, M. Rajaiah and Head Post Office Superintendent. The said cheque was given in the name of Mr. Pandu. Rs.1,00,000/- in cash and Rs.51,000/- through Cheque No.909267,Dt.11.11.2004 on ING Vysya Bank, Mankamma Thota, Kareem Nagar, was given to Pandu and his wife M. Hemalatha, but cheque was given in the name of Hemalatha. After giving Rs.2,25,000/- to Mr. Pandu and Hemalatha, on the same day they handed over the possession of the house and also executed an agreement and also agreed to pay Rs.1,50,000/- on the date of register of the house in my name. After some days I came to know that the said house is in the name of Mood Bheemakka the mother-in-law of Mr. Pandu. You do not worry at any circumstances I will get the house registered on or before 31.03.2005 by requesting his mother-in-law, to that effect both husband and wife given in writing. But the house is not registered so far. Since then he is postponing on one pretext or other. Last month I have approached twice by going to Khammam along with mediator D. Mahesh asked D. Pandu and Hemalatha about registration, he told that you go and tell whomever you want and you tell to anybody who will come to your rescue, so saying he is harassing. I, therefore, request you, Sir, to kindly take action according to law against Dharavath Pandu, S/o. Tulsha, and his wife M. Hemalatha, who cheated me by taking Rs.2,25,000/- towards sale of house.” It is clearly evident from the complaint that an offence is committed by the petitioner and further this Court is of the view that when the FIR is registered on the basis of cognizable offence, this Court has no jurisdiction to go into the reliability and genuineness of the allegations made in the FIR and it is the prerogative of the Investigation Officer to verify the same. Hence, the Investigation Officer is hereby directed to verify the genuineness and reliability of the allegations made in the complaint and file charge sheet. With the above observations, the Criminal Petition is dismissed. _____________ RAJA ELANGO, J Date: 08-07-2010 YCR