HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5746 OF 2008 DATE: 27.08.2010 Between: Smt G. Udaya Gouri …… Petitioner. And: D. Shekar Rao and another …..Respondent HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5746 OF 2008 ORDER: 1. The petitioner/A-2 is accused of offences punishable under Sections 468, 471, 408, 420 and 120-B IPC along with three others in C.C.No.865 of 2008 on the file of Additional Judicial Magistrate of the First Class, Sangareddy. Today this court in Crl.P.No.7640 of 2008 quashed proceedings in this case against A-4 who is Sub Registrar of Registrations at Sangareddy. 2. A-1 and A-2 are brother and sister. The 1st respondent/complainant is their maternal uncle. Subject-matter of the case is Ac.5.00 (200 guntas) of agricultural land in S.No.856 of Rudraram village. It is alleged that the said property was inherited by the 1st respondent from his father and it was mutated in his name in revenue records. On the other hand, it is the petitioner’s case that originally the said land was assigned to the 1st respondent’s father B. Kishan Rao who had five sons and four daughters and that taking advantage of 1st respondent’s sisters and brothers settling outside the State of Andhra Pradesh, the 1st respondent got the said property mutated in his name behind back of his brothers and sisters and that in pursuance of a family arrangement, the 1st respondent executed General Power of Attorney dated 09.07.2004 in favour of A-1 for selling the land. A-1 and A-2 are no other than children of the 1st respondent’s sister. According to the 1st respondent, he executed General Power of Attorney deed in favour of A-1 for selling the property in the year 2004 and that in May, 2005 the 1st respondent requested A-1 not to alienate the property and to return General Power of Attorney deed and that as A-1 was evading the issue, the 1st respondent sent letter dated 08.11.2005 informing A-1 and A-2 that authorisation to sell the land stands cancelled and also communicated a cancellation deed dated 07.11.2005. 3. It is alleged that A-1 entered into criminal conspiracy with A-2 to cause wrongful loss to the 1st respondent and to have wrongful gain to themselves; and A-1 executed and registered a sale deed for the said land in favour of A-2 after paying deficit stamp duty on the General Power of Attorney deed on 22.11.2005. According to the 1st respondent, market value of the land was Rs.10,00,000/- to Rs.15,00,000/- per acre during the relevant time. Whereas A-1 is stated to have executed registered sale deed in favour of A-2 for Rs.1,00,000/- for the entire land of Ac.5.00. 4. While so, the 1st respondent filed civil suit in O.S.No.346 of 2006 for cancellation of the above sale deed executed by A-1 in favour of A-2. It is stated that in that civil suit, the 1st respondent obtained status quo order on 07.06.2006. It is alleged that after coming to know about the status quo order which was sent by post, A-2 alienated the same property in favour of A-3 on 11.12.2006 and that A-3 joined in the criminal conspiracy with A-1 and A-2 and obtained sale deed with knowledge of all the facts, even though A-3 is a Non Resident Indian (NRI) who is prohibited from acquiring agricultural land. 5. Because of close relationship between A-1 and A-2 and sale of Ac.5.00 of land in Rudraram village which is almost in the outskirts of Hyderabad city, for a pittance of Rs.1,00,000/-, even though the dispute is primarily of civil nature between the parties, there is possibility of suspecting criminal intention for the accused. But having regard to history of title from late B. Kishan Rao and family arrangement pleaded by A1 and A2 and pendency of civil suit regarding the same land between the parties, this court is of the opinion that this criminal case is filed with an intention to arm-twist the accused for entering into compromise in the pending civil suit and that it is nothing short of abuse of process of law. 6. Hence, the criminal petition is allowed quashing proceedings in C.C.No.865 of 2008 on the file of Additional Judicial Magistrate of the First Class, Sangareddy in so far as the petitioner/A-2 is concerned. ___________________________________ SAMUDRALA GOVINDARAJULU, J August 27, 2010 Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5746 OF 2008 Date:27.08.2010 Gk.