HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2013 OF 2010 Dated : 31.08.2010 Between : K.Padmanabharao & another … Petitioners- A.3 & A.4 A n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2013 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of the Criminal Procedure is filed by the petitioners-A.3 and A.4 seeking to quash the proceedings against them in C.C.No.50 of 2010 on the file of the IV Chief Metropolitan Magistrate’s Court, Visakhapatnam, for the offence punishable under Sections 420, 467, 468, 471 and 506 read with 34 of Indian Penal Code. Heard. The allegations against the petitioners and other accused are that they in collusion with each other fraudulently registered certain sale deeds, manipulated certain registered documents with fictitious boundaries and sold certain lands to the wife of the de facto complainant by suppressing the original boundaries and thereby cheated the complainant and his wife. Learned counsel for the petitioners submitted that the de facto complainant is the husband of the aggrieved person, who purchased the properties from the accused. As such, the complaint lodged by the de facto complainant, who is not the aggrieved person, is not sustainable in law. He also submitted that said properties purchased from the accused by the wife of the de facto complainant were also sold to third parties. In such circumstances, the proceedings against the accused in pursuance of the present complaint cannot be proceeded further. Learned counsel for the respondent submitted that the said agreement of sale was already cancelled by the de facto complainant’s wife. This Court heard the arguments of both sides and also perused the material on record. As far as the first contention of the petitioners that the de facto complainant is not a competent person to lodge the complaint is concerned, this Court is of the view that in criminal law complaint will be lodged only to set the law in motion and the complaint lodged by the de facto complaint being the husband of the aggrieved person can be sustained. As far as the other contentions of the petitioners are concerned, this Court is of the view that those contentions can be raised by them before the trial Court since the trial Court will be in a better position to appreciate the same basing on the material to be placed before it by the prosecution during the trial. This Court is unable to see any merits in the Criminal Petition to interfere with the further proceedings in the Calendar Case. Therefore, the Criminal Petition is dismissed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 31.08.2010 sur