HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.439 OF 2009 Dated : 12.08.2010 Between : N.Anil Kumar … Petitioner-A.2 A n d 1) C.V.Seshasai 2) The State of A.P. … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.439 OF 2009 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-A.2 seeking to quash the proceedings in Crime No.113 of 2008 of Madhapur Police Station, Cyberabad, Ranga Reddy District, registered for the offence punishable under Section 420 of Indian Penal Code. The allegations against the accused, as per the complaint, are that the accused posing themselves to be the owners and possessors of the plots admeasuring 1067 Sq.Yards and 1173 Sq.Yards in survey No.30-32, Guttala Begumpet, Ranga Reddy District, induced the petitioner to purchase the said properties. Accordingly, the petitioner paid an amount of Rs.7 lakhs as advance and entered into an agreement of sale. Subsequently, the accused failed to provide necessary documents as promised by them. Subsequently, petitioner came to know that the said properties are disputed properties and by suppressing the same accused entered into the agreement with the petitioner. It is also his grievance that the petitioner failed to pay back the advance amount and the cheques given to the petitioner were also dishonoured for the reason of ‘insufficient funds’. Thus, having left with no option, petitioner filed the present complaint before the Police. Heard. Learned counsel for the petitioner submitted that no allegations are leveled against the petitioner in the complaint. He also submitted that originally an agreement for sale was entered into between the de facto complainant, A.1 and A.3. The petitioner being the son-in-law of A.1 was falsely implicated in the case. He further submitted that the averments made in the complaint do not attract the ingredients of Section 420 of Indian Penal Code. Hence, prayed to quash the proceedings against the petitioners. This Court perused the entire material on record including the complaint filed by the complainant. On a perusal of the record, it is seen that the dispute is between the de facto complainant and A.1, who is the father-in-law of the present petitioner. Complaint does not speak any involvement of the petitioner in the crime. Further more, as submitted by the petitioner’s counsel, complainant, A.1 and A.3 entered into agreement and this petitioner is no way connected with the same. There is no direct evidence on record connecting the petitioner with the alleged offence. In these circumstances, this Court is of the view that the further proceedings against the petitioner can be quashed. Accordingly, the Criminal Petition is allowed and the further proceedings in Crime No.113 of 2008 of Madhapur Police Station are hereby quashed against the petitioner only. ________________________ JUSTICE RAJA ELANGO Dated : 12.08.2010 sur