IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4268 of 2009 DATE:21.10.2010 Between: Smt.G.Kalavathi …… Petitioner And: The State of A.P. rep. By its Public Prosecutor And another. …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4268 of 2009 ORDER: The petitioner is accused of offence punishable under Section 406 I.P.C in C.C. No.592 of 2008 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad. The petitioner is landlady who gave her land for development to the 2nd respondent/defacto-complainant under a development agreement. According to the 2nd respondent, the allegation is that the petitioner sold away Flat No.304 in third floor by way of registered document for sale-cum-general power of attorney in favour of T.Raghunath, even though the said flat came to share of the 2nd respondent as per the development agreement and further agreements. The petitioner contends that there is an un-registered supplementary agreement (which does not contain any date) re-allotting the flats, in which re-allotment this flat came to share of the petitioner. This Court in this petition filed under Section 482 Cr.P.C cannot go into the said question of fact basing on defence documents which are to be proved. It is for the trial Court to decide the said contention of the petitioner after recording evidence of both the parties. I do not find any valid or legal reasons to quash the proceedings in the lower Court. 3) In the result, the petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J October 21, 2010 KSH