THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.2106 and 5067 of 2008 COMMON ORDER: Since both these petitions arose out of C.C.No.380 of 2007 on the file of the III Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, and the question involved is also one and the same, they are being disposed of by this common order. Petitioners/Accused Nos.4 and 5 approached this Court with a prayer to quash the proceedings initiated against them in C.C.No.380 of 2007 on the file of the III-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. The allegation against the petitioners is that in collusion with the other accused, they purchased the property in respect of which the defacto-complainant claims ownership. According to the defacto- complainant, on the strength of the forged Will dated 29.06.1988 alleged to have been executed by his grandmother in favour of Accused No.1, Accused Nos.1 to 3 sold the property to the petitioners herein through sale deed dated 04.09.2006. Hence, the present complaint. Learned counsel for the petitioners submitted that the petitioners are genuine purchasers. He further submitted that the sale deed dated 04.09.2006 produced by the defacto-complainant before this Court clearly reveals that the petitioners paid a sum of Rs. 80,00,000/- towards purchase of the subject property and with regard to the Will dated 29.06.1988 alleged to have been executed by the grandmother of the defacto-complainant, the petitioners are not aware of the said document. Learned counsel further submitted that assuming for a moment that the petitioners purchased the property for which the defacto-complainant is the owner, the petitioners are the aggrieved party against Accused Nos.1 to 3, who sold the property to them, whereas the present complaint is filed by the defacto-complainant even against the petitioners, who are in no way concerned with the transaction between the defacto-complainant and Accused Nos.1 to 3. On perusal of the entire records and the other material placed before this Court, this Court is of the view that there are no ingredients of the alleged offences against the petitioners. Even in the complaint, except the word that the petitioners also conspired and purchased the subject property, nothing is stated regarding their involvement in the alleged offences. Hence, the proceedings against the petitioners in the present complaint amounts to abuse of process of law and the same are hereby quashed. These criminal petitions are, accordingly, allowed and the learned Magistrate is at liberty to proceed against the other accused and conclude the trial in C.C.No.380 of 2007 as expeditiously as possible, preferably within a period of six months from today. ____________________ JUSTICE RAJA ELANGO 31.03.2011 v v