THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.5202 of 2009 BETWEEEN: K.Ram Mohan Rao, S/o.Late Rama Subbaiah … Petitioner AND 1. The State of Andhra Pradesh rep. by its Public Prosecutor & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL PETITION No.5202 of 2009 ORDER: The petitioner is accused of offences punishable under Sections 120(B), 417, 420/34 I.P.C. in CC.No.191 of 2008 on the file of I Additional Judicial Magistrate of the First Class, Kadapa. There is no dispute that the 2nd respondent/de facto complainant purchased half portion of Ramakrishna Theatre along with articles therein situated in D.No.16/170, D.C. Kadapa for Rs.15,00,000/- and registered a document and subsequently he purchased remaining part of the theatre on 17.07.2000 for Rs.4,50,000/- excluding materials. It is alleged that A1 to A4 were present and got the registrations done in favour of the 2nd respondent and that the accused induced to purchase the property by the 2nd respondent stating that no tax is pending against the theatre and they did not enter into any mortgage with anybody. It is alleged that subsequently State Bank of India officials came to the 2nd respondent and informed that the theatre is in their project, and that sales tax officials informed about tax pending on the theatre and that electrical officials informed about pendency of electrical bills from the theatre. It is further alleged that the 2nd respondent was informed that all the dues would be collected by auctioning the theatre. According to the 2nd respondent, he paid an amount of Rs.20,00,000/- towards dues to all of them. It is further alleged that on 02.02.2008, when the 2nd respondent was in his shop, two witnesses came to him and informed him about A1 to A4 conspiring with each other and about they talking about they selling theatre for lesser price and to grab the theatre from the 2nd respondent and the accused making attempts to extract more money from the 2nd respondent. It is further alleged that A1 and A2 were talking about they having blank stamp papers and about they selling the theatre to clear the debt due on the theatre. It is further alleged that when the 2nd respondent telephoned to A1, A1 threatened and challenged to do whatever the 2nd respondent would do and that A2 to A4 also threatened and asked him to do whatever he could do. 2. It is contended by the petitioners counsel that the allegations in the charge sheet do not disclose the offences for which the charge sheet was filed. As pointed out above, there is allegation of inducing the 2nd respondent to purchase the theatre by making false representation about there being no dues on the theatre. According to the 2nd respondent, subsequent to purchase of the theatre, he was made to pay Rs.20,00,000/- towards the debt due to State Bank of Hyderabad, towards tax arrears to the sales tax department and electricity bill arrears. There are also further allegations about there being blank stamp paper with the accused with which they proposed to extract more money from the 2nd respondent. Truth or otherwise of the said allegations is a matter to be gone into and decided by the trial Court after recording evidence to be let in by both the parties during trial and it cannot be decided by this Court in this petition filed under Section 482 Cr.P.C., as it is a question of fact. In the circumstances, I do not find any valid or legal reasons to quash the criminal case pending in the lower Court. 3. In the result, the Criminal Petition is dismissed. __________________________ SAMUDRALA GOVINDARAJULU, J Dated: 01.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL PETITION No.5202 of 2009 DATED: 01.03.2011 ysk