THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.11927 OF 2010 DATED:01-12-2010 ORDER: This petition is filed under Section 482 of Cr.P.C. for quashing further proceedings in Cr.No.248 of 2010 IV Town police station, Nellore. 2. Heard both sides. Perused the records. 3. Based on a complaint given by the 1st respondent, police registered a case in Cr.No.248 of 2010 against the petitioners for the offence under Section 420 IPC. According to the 1st respondent-de facto complainant, petitioners herein are the builders and that he purchased a flat from the petitioners and subsequently because of deviation from the plan, portion of the building was sought to be demolished and the 1st respondent- de facto complainant had to file W.P.No.3682 of 2006 and obtain stay order. The 1st respondent- de facto complainant further alleges that the petitioners have delivered possession of lesser area than 1100 sq.ft. mentioned in the agreement and they also failed to effect mutation in the name of the 1st respondent in the municipal records though they received the entire sale consideration and thereby cheated the 1st respondent- de facto complainant. 4. Learned counsel for the petitioners would submit that the sale took place in 2005 itself and the applications for regularization of the building are also pending and this complaint is filed five years after taking possession of the flat only to make a wrongful gain. 5. Be that as it may, the truth or otherwise of the allegations contained in the complaint are matters to be considered after due investigation into the crime. Having regard to the fact that specific allegations are made in the complaint requiring investigation, it is considered not a fit case to invoke the inherent powers of this Court under Section 482 Cr.P.C. and quash further proceedings in Cr.No.248 of 2010 IV Town police station, Nellore. However, having regard to the fact that the complaint was given five years after delivery of possession of the flat, it is considered that the petitioners may not be arrested till the conclusion of the investigation and filing of charge sheet, if any. 6. Criminal Petition is dismissed with the above observation. _______________________ G.V.SEETHAPATHY, J 01st December, 2010 Tsy