THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.7647 of 2008 Date:23rd November, 2011 Between: B.Laxman S/o. Late B.Chandraiah & Anr. ..... Petitioners/A4 & A5 AND State of Andhra Pradesh through Station House Officer, Nacharam P.S., Cyberabad, rep. by its Public Prosecutor, High Court of A.P., Hyderabad & Anr. .....Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.7647 of 2008 ORDER: This Criminal Petition has been taken out under Section 482 Cr.P.C. by A4 B.Laxman and A5 B.Chandrakanth in C.C.No.434 of 2008 on the file of III Metropolitan Magistrate, Cyberabad at L.B.Nagar, to quash the proceeding therein against them. 2. Smt.Gundlapally Jhansi Lakshmi Bai-2nd respondent presented a report before the Station House Officer, Nacharam Police Station, Cyberabad, on 21.04.2007, alleging, inter alia, that A-1 V.Ram Chander prepared fake documents such as cash receipt and deed of confirmation of sale in respect of plot No.90 admeasuring 400 sq. yards comprising Survey No.86, at Surya Nagar, Mallapur Village and got the sale deed validated. On the strength of said sale deed, he entered into an agreement of sale with A-2 S.Sailoo S/o.late Naganna, Ramnagar, Hyderabad. The agreement of sale was also validated in the office of the District Registrar, Ranga Reddy District, by paying deficit stamp duty under Section 42 of the Indian Stamp Act. A2 S.Sailoo, on the basis of notarized agreement of sale deed, sold away plot No.90 to A-3 V.Sanjeeva Reddy through a registered sale deed No.5695/05, dated 16.06.2005. In turn, A3 V.Sanjeeva Reddy executed a registered sale deed in favour of the petitioners herein, who have been arrayed as A4 and A5, on 30.11.2005. 3. Basing on the report presented by the 2nd respondent, a case in Crime No.92 of 2007 came to be registered. K.Pandu Ranga Rao, Inspector of Police, Nacharam Police Station, after due investigation, filed a charge-sheet before III Metropolitan Magistrate, Cyberabad at L.B.Nagar. The learned Magistrate took the charge-sheet on file as C.C.No.434 of 2008. Hence, this Criminal Petition by the petitioners with the prayer stated supra. 4. Heard learned counsel appearing for the petitioners, learned Additional Public Prosecutor appearing for the 1st respondent and learned counsel appearing for the 2nd respondent/de facto complainant. 5. Learned counsel appearing for the petitioners submits that the petitioners are in no way concerned with the documents allegedly fabricated by A-1 V.Ram Chander in respect of Plot No.90 admeasuring 400 sq. yards. A further submission has been made that the petitioners are not the direct purchasers from A-1 V.Ram Chander and they are the purchasers from A-3 V.Sanjeeva Reddy and the said V.Sanjeeva Reddy purchased the same from A-2 S.Sailoo and the said Sailoo purchased the property from A1 V.Ram Chander under an agreement of sale. He woud also submit that by the date of alleged fabrication of the documents, the 2nd petitioner was of tender age and he was a minor and therefore, question of his involvement in the fabrication of document of the year 1980 is highly improbable. 6. Learned counsel appearing for the 2nd respondent/de facto complainant submits that the petitioners herein, who are A4 and A5, having full knowledge of the fabrication of documents, obtained registered sale deed from A3 V.Sanjeeva Reddy and therefore, the petition is liable to be dismissed. 7. I have gone through the charge-sheet, which finds place at page Nos.5 to 9 of the material papers. The gist of the investigation has been reflected in the charge-sheet, which reads as hereunder: “The findings of investigation in this case supported by the evidence collected and enquiries caused, it is disclosed that the complainant Smt.G.Jhansi Lakshmi Bai (LW.1) and one Smt.A.Bapamma have purchased the land, admeasuring Ac.23.29 guntas falling in Sy.Nos.86, 87, 88, 89, 91 & 92 at Mallapur village from one Sri K.Narsimhulu and Sri K.Narayana vide registered document No.1767/66/E, dated 7.7.1966. Out of the said land, the complainant got an extent of Ac.11.34 ½ guntas in the above said survey numbers as per the oral partition effected between her and Smt.A.Bapamma. L.W.1 subsequently made the land into plots and sold to various parties under registered sale deeds after obtaining due approval of the lay-out from Sarpanch, Nacharam, R.R. District on 10.03.1971. Some of the plots were retained by her, which includes Plot Nos.37, 39, 43, 44, 78, 90, 102, 119, 193, 194. She did not sell the plot bearing No.90, falling in Sy.No.86 to anyone and has been in continuous possession and enjoyment of the said plot. When the matter stood such, one V.Ram Chander, S/o.Mallayya (A- 1) forged the signatures of the complainant, Smt.G.Jhansi Lakshmi Bai and prepared fake documents such as Cash Receipt and Deed of Confirmation of Sale in respect of plot No.90, admeasuring 400 sq. yards, falling in Sy.No.86 of Mallapur village purported to have been executed by the complainant. The Deed of Confirmation of Sale was dated on 30.09.1980. It is with the strength of this fake document, A- 1: V.Ram Chander entered into an Agreement of Sale Deed with S.Sailoo, S/o. Late Naganna, R/o.H.No.1-9-628, Ram Nagar, Hyderabad in respect of the above said disputed plot and got it notarized on 26.2.1995. Both the Deed of Confirmation of Sale and Agreement of Sale Deed were validated in the office of the District Registrar, Ranga Reddy by paying deficit stamp duty under Section 42 of Indian Stamp Act of 1894. The Deed of Confirmation of Sale was validated vide File No.2540/AR/06, dated 20.03.2006 while the Agreement of Sale Deed was validated vide File No.6593/AR/2005, dated 30.11.2005, i.e., much before the validation of Deed of Confirmation of Sale document. A-2 S.Sailoo, on the basis of the notarized Agreement of Sale Deed, which is void and illegal, sold away the disputed plot to V.Sanjeeva Reddy (A3) through a registered Sale Deed No.5695/05, dated 16.6.2005. As per the second paragraph in page 2 of Sale Deed No.5695/05, it was mentioned that the accused, S.Sailoo acquired the disputed plot by virtue of his ancestral property, which is purely false. A-3 Sanjeeva Reddy, who claimed the ownership of the said plot on the basis of the said sale, which is illegal, again sold away the plot to A-4 Belde Laxman and his son, A-5 Belde Chandrakanth vide registered sale deed No.11698/2005, dated 30.11.2005 registered at the office of the Sub-Registrar, Uppal. A-4 and A-5, who purchased the disputed plot through the above said illegal transactions, obtained permission for the construction of house from Municipal Commissioner, Kapra Municipality and started constructing the house. The complainant, Smt.G.Jhansi Lakshmi Bai, who came to know about all the above fraudulent transactions filed a civil suit in the Hon’ble II Additional Senior Civil Jude, Ranga Reddy District at L.B.Nagar for the cancellation of illegal registrations in respect of the disputed plot in I.A.No.432 of 2006, O.S.No.373 of 2006 and the same is pending for disposal. The accused, A-4 Belde Laxman had filed all the original documents in respect of the disputed plot in the Hon’ble Court while filing his counter affidavit through his legal counsel.” 8. The material brought on record indicates that the petitioners are not the purchasers from the de facto complainant. The documents are allegedly fabricated in the year 1980. Whereas, the petitioners purchased the property in the year 2005 under a registered document from A3 V.Sanjeeva Reddy. Therefore, knowledge of fabrication of the documents in the year 1980 cannot be attributed to the petitioners, who acquired title to the property under a registered sale deed, dated 30.11.2005. In the given facts and circumstances, continuation of criminal proceedings against the petitioners herein amounts to abuse of process of the Court. 9. Accordingly, the Criminal Petition is allowed quashing the proceeding against the petitioners herein in C.C.No.434 of 2008 on the file of III Metropolitan Magistrate, Cyberabad at L.B.Nagar. ______________________ B.SESHASAYANA REDDY, J. Date:23rd November, 2011. cs THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.7647 of 2008 Date:23rd November, 2011