IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD THURSDAY THE THIRTYETH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2198 OF 2009. Between: Udatha Prabhakar … Petitioner V/s. The State of Andhra Pradesh Represented by its Public Prosecutor, High Court of Andhra Pradesh Hyderabad & Anr. … Respondents Counsel for the Petitioners : Sri Shaik Jilani Counsel for the Respondents : Addl.Public Prosecutor The Court made the following order : (order follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2198 OF 2009 O R D E R : This Criminal Petition is filed under section 482 Cr.P.C. seeking to quash CC.No. 388 of 2007 on the file of the Court of VII Metropolitan Magistrate, Cyberabad at Hayathnagar and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case. 2. The allegation against the petitioners as mentioned in the FIR is as follows : Late Sri Busam Somasekhara Rao was purchased two house plots Br.Nos. 76 and 77 in survey Nos. 58 admeasuring 534 sq.yards situated at Nagarjuna colony of Kharmanghat village from the original owner Sri KC Prakasha Rao in the year 1982 vide Doc.No. 3329/82 . Since then he enjoyed the peaceful possession of the plots till his death on 09-4-1993, after his death his son-in-law (LW7) looking after the plots and the original land documents are with him, his elder daughter got married with A-1 and stayed for some time with their house, during that period in the year 2005, A-1 stolen the land papers and gave the same to A-2 and A-4 to sell the land. A1, A2 and A4 planned to bring an imposter and sell the plots, as a part of their conspiracy A-2 came to Hyderabad and met LW-3 who is a real estate broker and introduced him as Busam Somashekhar Rao’s grand son and his name is Busam Harish and he offered to sell his plots Br.Nos. 76 and 77 in survey no.58 at Nagarjuna colony and shown the plots. LWs 3 and 4 were introduced him to LW5 who is also a real estate commission agent. They agreed to buy the same and gave an amount of Rs.20,000/- as token advance. Later the accu7sed went to Nellore and he along with A-1, A-4, A-6 and A-7 conspired together and engaged an old man Satyanarana (A3) from Vijayawada. When all of them came to Hyderabad for registration of the land, the purchasers were asked them about the identity proof of the old man, on that A-1, A-2 and A-4 were went back to Nellore and created fabricated photo identity card by using the photo of A-3 in place of original Busam Soma Shekar Rao and affixed the original logo from the actual card to fabricate one and made the copies of the same and shown it as the identify proof. The purchasers relied upon that card paid the balance amount and got registered plots on the name of LW6 on 12-8-2005 vide document No. 7625/06 at champapet Registrar’s Office, A-2 and A-5 were signed as identifying witnesses at the time of registration and identified the imposter as the original Busam Somashekhar Rao. LW6 tried to take possession of the plots, meanwhile the complainant along with her son went to see the plots and came to know about the cheating occurred to them and when she informed the same to LW6 he afraid that he may loose the land and threatened the complainant not to interfere with his possession. The investigation established that A-1 to A7 committed offences punishable under section 419, 420, 468, 471, 447, 506, 120- B read with 34 IPC. 3. A mere reading of the complaint discloses that A-4 participated with A-1 and A-2 in preparing some documents and some photo identify card. Hence, prima facie, this Court is not inclined to quash the proceedings in CC.No. 388 of 2007 on the file of the Court of VII Metropolitan Magistrate, Cyberabad at Hayathnagar. 4. With the above observation, the Criminal Petition is disposed of. ______________________ JUSTICE RAJA ELANGO 30-12-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2198 OF 2009 Circulation No. 50 Date:30-12-2010 Court Master: IsL Computer No.43