THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1075 of 2009 ORDER: This Criminal Petition is ﬁled by the petitioners under section 482 Cr.P.C., seeking to quash the proceedings in CC.No.1245 of 2008 on the ﬁle of the Court of X Metropolitan Magistrate, Cyberabad at Malkajgiri, initiated for the oﬀences punishable under Sections 356, 379, 319, 414 r/w 109 IPC. Heard. The brief facts of the case are as follows: A.1 individually along with his brothers and his associates committed 200 property oﬀences, within the limits of various police stations in the vicinity of Hyderabad city; that after committing the oﬀences the A.1 used to sell the same in the market through his wife and other ladies; that out of the said amount he has purchased house hold articles; that A.1 planned to purchase a house for a sum of Rs.16.00 lakhs in and around Golkonda area with the amount of stolen property; that subsequently A.8 to A.10 got the said house transferred on the name of A.1; that infact the A.8 to A.10 have purchased the said house for a total consideration of Rs.12,50,000/- and sold the same to the A.1 for Rs.16.00 lakhs by taking proﬁt of Rs.3,50,000/-; that A.1 instructed the real estate brokers i.e., A.8 to A.10 to get the house transferred on the name of his close friend A . 9 Mohd. Waseem Ahmed, subsequently A.8 Quddus executed an agreement of sale of the said house in favour A . 9 Mohd. Waseem Ahemd on the same day of arrest of Habeeb Abbas and handed over the original documents to A.1 that after completing the investigation of the case, the police ﬁled the charge sheet by invoking the provisions of Indian Penal Code. On perusal of the record, it is evident that the petitioners are doing real estate business and the other accused persons gave money to the petitioners for purchase of ﬂat. But no where it is stated in the charge sheet that the petitioners have knowledge regarding the commission of the oﬀence. In the absence of any knowledge about the commission of the oﬀence by the petitioners, it cannot be said that the petitioners committed the alleged oﬀence. But unfortunately, the respondent-police ﬁled the charge sheet against the petitioners by invoking the provisions under Sections 356, 379, 319, 414 r/w 109 IPC. Considering the same, this Court is of the view that the proceedings in CC.No.1245 of 2008 pending on the ﬁle of the Court of X Metropolitan Magistrate, Cyberabad at Malkajgiri, are not maintainable against the petitioners/A.8 to A.10 and liable to be quashed. Accordingly, the Criminal Petition is allowed quashing the proceedings in CC.No.1245 of 2008 on the ﬁle of the Court of X Metropolitan Magistrate, Cyberabad at Malkajgiri, against the petitioners/A.8 to A.10. _________________ RAJA ELANGO,J Date:01.12.2011 Gk.