HON’BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No.1053 OF 2009 DATE: 30.11.2010 BETWEEN: Mohammed Nazeer. - - - Petitioner/Accused. AND The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad, And another. - - - Respondents. This Court made the following : HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.1053 OF 2009 ORDER: This Criminal Petition is filed by the petitioner-accused under Section 482 of Cr.P.C. seeking to quash the proceedings in C.C. No.50 of 2008, on the file of learned VI Metropolitan Magistrate at Medchal, Cyberabad, relating to F.I.R. in Crime No.161 of 2007, dated 25-07-2007 of Shameerpet P.S. and Crime No.286 of 2007, dated 26- 09-2007 of Medchal P.S. for the offences under Sections 406, 420 and 506 I.P.C. The petitioner is the accused and the second respondent is the de-facto complainant. The second respondent-de-facto complainant filed a complaint before VI Metropolitan Magistrate at Medchal, Cyberabad (hereinafter referred to as ‘the learned Magistrate’) alleging that the petitioner-accused by making a false representation that he is the holder of agreement of sale-cum-general power of attorney in respect of Ac. 3-00 of agricultural land in Survey No. 59 of Murharipalle village, Yadaram Gram Panchayat, Medchal Mandal, Ranga Reddy District, made him to enter into an agreement to purchase Ac.3-00 of agricultural land for a total consideration of Rs.5,40,000/-. Having agreed for the same, the de-facto complainant parted substantial amount to the petitioner, but subsequently the petitioner sold away Ac.1-00 of land to one K. Sujeet Kumar on 15-02-2007. From the tenor of allegations mentioned in the complaint petition, it appears that the petitioner from the inception had in his mind the fraudulent intention to deceive the complainant. The learned Magistrate forwarded the complaint to Shameerpet P.S. and basing on the said complaint, the Police registered a case in Crime No.161 of 2007 under Sections 406, 420 and 506 I.P.C., but after recording the statements of the complainant and some other witnesses, Shameerpet P.S. transferred the case to Medchal P.S. on point of jurisdiction. On receiving the entire record from Shameerpet P.S., Medchal P.S. re- registered a case in Crime No.286 of 2007 under Sections 406, 420 and 506 I.P.C. They investigated into the offence and filed charge sheet in the Court of VI Metropolitan Magistrate at Medchal, Cyberabad, and it was numbered as C.C. No.50 of 2008 which is now sought to be quashed by the petitioner in this Criminal Petition. Considering all aspects of the matter, I am of the considered view that merely because some civil rights are involved in the dispute, it cannot be said that no Criminal offence is made out. As already stated, it appears from the allegations mentioned in the complaint petition that the petitioner-accused form the inception had an idea to make the complainant to part with some amount on the pretext of selling some piece of land to him. Further, the police conducted thorough investigation and filed charge sheet alleging commission of offences punishable under Sections 406, 420 and 506 I.P.C. against the petitioner. Now it is a matter to be considered by the learned Magistrate before whom the case is pending, as to whether any Criminal offence is made out or not by following the procedure prescribed under the Code. This is not a fit case to be quashed without there being any inquiry or trial into the matter. The Criminal Petition is therefore dismissed. ________________ R. KANTHA RAO, J Dated: 30.11.2010 Dsh.