IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.9255 OF 2009 Between: 1. V. Murali Krishna 2. V. Raja Rajeswari ……Petitioner - accused Nos.1 & 2 AND The State of A.P., Rep. by Public Prosecutor High Court of A.P., Hyderabad & another .....Respondents HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.9255 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners V. Murali Krishna and V. Raja Rajeswari, accused Nos.1 and 2 respectively, seeking to quash the proceedings against them in Crime No.603 of 2009 of Kushaiguda Police Station, Cyberabad District registered for the offence punishable under Section 420 IPC. 2. Heard 3. The allegations against the petitioners, the developers, are that they have developed a property that was under mortgage to a bank and sold the flats to the de facto complainant etc. 4. The contention of the petitioners is that their vendor told them that the title deeds were lost and the same is mentioned in the sale deed in their favour which is true as seen from the sale deed. 5. Learned counsel for the petitioners also brought to my notice a letter dated 14-05-2009 written by the husband of the vendor of the petitioners owing responsibility for the mortgage etc. 6. Thus, there is prima facie material to show that the petitioners were not aware of the property being in mortgage when it was sold to them. 7. In the circumstances, it is directed that investigation and consequential steps on the basis of result of the investigation shall go on, but the petitioners shall not be arrested till filing of charge sheet, if any. 8. With the above directions, the Criminal Petition is disposed of at the stage of admission itself. ______________________ P. SWAROOP REDDY, J November 6, 2009. PV