THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8679 OF 2008 Date:10.11.2011 BETWEEEN: Gunturu Venugopala Rao … Petitioner/Accused No.1 AND State of A.P., rep.by Public Prosecutor, High Court of A.P., Hyderabad and two others. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8679 OF 2008 ORDER: The petitioner/A.1 is accused of offences punishable under Sections 420, 418, 120 (B)/34 I.P.C. Subject matter of the case is purchase of land by the respondents 2 and 3/de facto complainants 1 and 2 from A.1. Originally, the property belonged to A.3. A.2 is general power of attorney holder of A.3. A.2 as general power of attorney holder of A.3 executed two sale deeds in the year 2006 in favour of A.1. A.1 in turn entered into an agreement for sale-cum- general power of attorney dated 29.12.2006 for part of plot No.96 measuring 50 square yards and part of plot No.97 measuring 100 square yards totalling 150 square yards and also part of plot No.96 measuring 150 square yards in S.No.204/2 of Madinaguda Village of Serilingampally Mandal in favour of the de facto complainants 1 and 2 for total sale consideration of Rs.39,00,000/-. 2. While so, grandsons of A.3 filed suit in O.S.No.524 of 2008 on the file of I Additional District Judge, Ranga Reddy District against the respondents 2 and 3 as well as A.3 in respect of the same property. Facts narrated in the charge sheet reveal that A.3 originally executed a registered gift deed dated 27.01.2006 for the same property in favour of his grandsons-G.Naga Pradeep and G.Krishna Bhargav and that subsequently, A.3 cancelled the said gift deed by way of a registered cancellation deed dated 20.04.2006. It is complaint of the de facto complainants 1 and 2 that the accused suppressed about execution of registered gift deed dated 27.01.2006 and its cancellation deed dated 20.04.2006 and made representation as if there are no claimants for the property and induced the de facto complainants to part with huge consideration of Rs.39,00,000/- for purchase of the disputed property. It is also complaint of the de facto complainants that A.1 failed to hand over original link documents pertaining to the plots of land sold to the de facto complainants. The question of suppressing earlier registered gift deed and registered cancellation deed cannot be entertained in law, since both the said documents are registered documents. If the de facto complainants obtained encumbrance certificate, it would reveal the previous transactions relating to the disputed property; and thereafter, the de facto complainants could obtain registration extracts of the earlier registered documents by filing necessary copy application before the registering authority. Section 3 of the Transfer of Property Act imputes legal notice to one and all of transferors of property effected by registered documents. Therefore, the de facto complainants cannot be heard to say that there was suppression in respect of the earlier registered gift deed and registered cancellation deed. The agreement for sale in favour of the de facto complainants reads that the property is free from all kinds of encumbrances, mortgages whatsoever in favour of anyone. The property is neither encumbered nor mortgaged. If any minors have got claim over the property, it is a matter to be decided by the civil Court. The accused and more particularly, A.1 cannot be guilty of any suppression of registered documents. Failure to hand over link documents will not in any way constitute any of the offences under Sections 418 or 420 I.P.C. It is evident that the dispute between the parties is one which is purely of civil in nature and there is no element of crime involved in the transaction between the parties. The matter is pending in a civil Court and the parties have to thrash out their rights as well as remedies only in civil Court in respect of this civil dispute. 3. In the result, the Criminal Petition is allowed quashing proceedings in C.C.No.1821 of 2008 on the file of IX Metropolitan Magistrate, Cyberabad, Kukatpally in so far as the petitioner/A.1 is concerned. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 10.11.2011 AMD THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8679 OF 2008 DATED: 10.11.2011 AMD