THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7403 of 2009 ORDER: The petitioner/A-1 is accused of offences punishable under Sections 406, 420, 448 and 120B/34 IPC along with two others. A-1 is builder of Vishal residency. A-2 is land-owner. Subject matter of the case is flat No.6 in first floor of Vishal residency. According to allegations in the private complaint filed by the first respondent, A-1 showed flat No.6 to the first respondent and offered the same for Rs.26,00,000/- and that ultimately the deal was finalized for Rs.25,00,000/-. But flat No.6 was allotted to the share of A-2 who sold the same by way of agreement-cum-GPA in favour of A-3. A-3 executed agreement for sale, dt.06- 03-2008 in favour of first respondent. A sum of Rs.2,00,000/- was paid under the agreement. According to the first respondent, he paid Rs.10,00,000/- on 10-04- 2008, Rs.10,00,000/- on 14-05-2008 and Rs.3,00,000/- on 15-06-2008 to A-1 and A-2 in the presence of A-3. Another sum of Rs.50,000/- is stated to have been paid by the first respondent to A-1 towards registration charges, without any receipt. As per the allegations in the complaint, delivery was given to the first respondent, but key was taken back by A-1 and A-2 on the ground that there are some repairs because of plumbing leakage. It is alleged that finally the flat number 6 was given to a third person who is the henchmen of A-1. It is contended by the petitioner’s counsel that not even a single signature of A-1 is obtained either in the agreement for sale or in any receipt to show that he was involved in the transaction relating to flat No.6. This Court in this petition under Section 482 Cr.P.C., cannot go into disputed questions of fact relating to payment of consideration etc., to A-1 also and decide the same. It is a matter for investigation. I do not find any valid reasons to quash F.I.R. based on the private complaint referred to the police. Hence, the petition is dismissed. However, interim stay of arrest granted by this Court on 14-09-2009 shall continue till filing of final report/charge sheet. _____________________________ SAMUDRALA GOVINDARAJULU, J September 29, 2011 PN THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7403 of 2009 September 29, 2011 PN