THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.7433 of 2009 BETWEEEN: 1. Smt.Uppalapati Sita Devi & another. … Petitioners AND 1. State of A.P. & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7433 of 2009 ORDER: The petitioners 1 and 2/A1 and A2 who are mother and son are accused of offences punishable under Sections 417 and 420/34 I.P.C. in CC.No.231 of 2009 on the file of IV Additional Chief Metropolitan Magistrate, Visakhapatnam. It is alleged that A1 was given D-Form patta land of Ac.4.00 in Sy.No.32 of Paradesipalem in the year 1979 and that it is inalienable land and that A1 and A2 colluded and A2 as GPA holder of A1 informed the deceased husband of the 2nd respondent as if the land is zeroiti land and divided into plots in the name of Kalyani Nagar layout and sold Plot No.15 of an extent of 444 Sq.yards to him in the year 1992 under a registered sale deed. 2. It is contended by the petitioners’ counsel that the sale deed does not read that the land is not D-Form patta land and that therefore, it cannot be said that there is any mis- representation to the 2nd respondent’s husband at the time of purchase. It is further contended that it is for the purchaser to verify revenue records prior to purchase and that the purchase took place nearly 26 years prior to the complaint. The allegations in the complaint/charge sheet have to be taken on their face value in order to find out whether there are ingredients for cheating in this case. According to the 2nd respondent, a specific representation was made by A1 and A2 as if the land is zeroiti land. The question whether such representation was made or not at the time of purchase, is one of fact which this Court cannot go into and decide in this petition filed under Section 482 Cr.P.C. It is a matter for trial before the lower Court. Even though 26 years have elapsed, there is no period of limitation involved in this case as the offence alleged is one punishable under Section 420 I.P.C. Therefore, I do not find any valid reasons to quash the proceedings pending in the lower Court. 3. In the result, the Criminal Petition is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 28.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL PETITION No.7433 of 2009 DATED: 28.03.2011 ysk