The High Court · 2025

Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased toto quash the CC No. 22312017 on the file of Honble lV Addl. Judicial First Class Magistrate, Warangal filed against the Petrtioner/Accused No.9 alleging Offences U/s 420, 423,506 R/w 34 IPC l.A. NO: 'l OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Crimrnal Petition,the High Court may be pleased to grant Stay of all further proceedings in the CC No.22312017 on the file of Honble lV Addl. Judicial First Class Magistrate, Warangal filed against the Petitioner/Accused l*o.9 alleging Offences Uls 420, 423, 506 R/w 34 lPC, This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearrng the arguments of Sri C M R VELU ,Advocate for the Petitioner and the E. Ganesh Assistant Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2 The Court made the following: ORDER THE HON,BLE SRI JUSTICE E.V.rr CRIMINAL PETITI ONNo.2276 ,f 2O2l 'NUGOPAL ORDER: The present criminal petition is frled by th: petitioner/accused No.9 under Section 482 of Cr.P.C., seeking f6 r uash the criminal proceedings against him in CC No.223 of 2Ol7 on I e file of the learned IV Additionat Judicial First Class Magistrate, War rngal registered for the offences under Sections 42O, 423,5O6 read wit :r Section 34 of IPC alteging cheating and criminal intimidation.

2. Heard Mrs.ER Savitri, learned couns:l representing Sri CMR Velu, Iearned counsel for the petitioner and S,r t E.Ganesh, learned Assistant Pr-rblic Prosecutor for the state/responde r t No. 1. Though the notice u,as orciered, none appeared for the responde rt No.2 3 CC No.223 of 2Ol7 is registered bttr ing on the private complarnt filcd by the 2"d respondent under Se,; ion 2O0 of Cr. P.C., against rhc l)ctrtioner and others alleglng that tt tak:ng advantage of the acquaintance with I e petitioncr [re rein, e 2"d respondent, introducccl accused Nos. 1 to 8 to the 2"d responde rt represcnting that thev arr: thc owners and possessors of agricultt ral dry land to an extont o[ Ac.5.O6 guntas out of Sy.No.364 a;l [ 367, situarted at Vangapaharl Village, Hasanparthy Mandal, Warangal District --rsquesting t() purchase the same. Accordingly the 2nd rcspondent I I Page 2 of5 purchased the same for a sale consideration of Rs.3,61,OOO/- vide registered sale deed document No.410 of 2008, dated 22.O1.2OO8. Further, when the 2"d respondent visited the site, to his shock and surprise, ttrere is no such lald available with the boundaries mentioned in the sale deed. When tJle 2'd respondent questioned to show the land, the accused postponed the same on one pretext or the other. The accused Nos.l to 8 being the vendors of the land, are obligatory to indemni! the complainant in respect of any defect of title of the property purchased but tlrey failed to come forward. The said attitude of the accused shows that they intentionally squeezed the money of the 2od respondent in the matter of the present transaction. White the things stood tttus, on 18.05.2014 when the 2nd respondent went to his brother's house at Hanumakonda, the accused abused him in most hlthy language and beat him indiscriminately with hands and threatened with him dire consequences stating that if the 2"d respondent demands money they would see his end.

4. The police upon cornpletion of investigation, basing on the evidence of LWs.l to 5 and material collected, have laid charge-sheet against the accused stating that their investiga[ion established that the accused have committed offences punishable under Sections 42O, 423, 5O6 read with Section 34 IPC. The trial Court took cognizance o[ the Page 3 of5 offences with which the accused were charge-shet:l :d and proceeded further by assigning CC No.223 of 2Ol7 5 . While the proceedings before the triai ( ourt are pending, the petitioner fited the present criminal petition see <ing to quash the criminal proceedings against him in CC No.22 3 of 2OI7 mainly contending that he has been falsely implicated in tlr, present case, the only allegation against him is that he introduced acc rsed Nos. I to 8 to t]le 2"d respondent and that since the 2nd respondelr after verirying the title and satisSring with regard to the valid title in fer lur of t}re vendors only purchased the land and after lapse of 6 ears the present complaint has been filed. The matter is purely c I il in nature. The recitals of the charge-sheet did not state that the ili cused are not the owners of the disputed land. The petitioner hirr.s elf purchased the subject propertv from the de-facto complainant tJ. r ugh agreement of sale dated 19.05.20 i L and paid the total sale colr ,ideration alrd the registration is pendrng and hence, there remains 1,1 hing to adjudicate against him rn the present matter.

6. The learned counsel appearing for the letitioner submits that none ol the ingredients attract the offenc: , with which the petitioner was charge-sheeted and that admittedll the petitioner had only introduced accused Nos. I to 8 to the de-factc complainant, and hence, nothing can be attributed against him in I re transaction for ; I i I I I I t ! I I : Page 4 of5 acting as a mediator. Stating thus, leamed counsel for the petitioner seeks to quash the impugned proceedings against the petitioner.

1. On the other hand, learned Assistant Public Prosecutor vehemently opposed the present criminal petition mainly contending that grave allegations are levelled against the petitioner and they require full-fledged trial and without such exercise, the truth or otherwise cannot be revealed and that quashing the impugned proceedings without letting the petitioner to face the trial will not meet the ends ofjustice. S. Having heard learned counsel for the petitioner and learned Assistant Public Prosecutor and perusing the rnaterial on record this Court is seized of the fact that the matter is pending from the year 2Ol7 befcrre the trial Court and as reported, the charges are yet to be framed and hence, the petitioner is having every opportunity to raise the grounds urged herein before the trial Court. Accordingly, this Court is inclined to dispose of the pres€nt criminal petition granting liberly to the petitioner to hle an appropriate application before the trial Court by putting forth his case. The trial Court, upon filing of such application, shall dispose of the same in accordance with [aw. However, the appearance of the petitioner in connection with CC No.223 of 2Ol7 belore [he learned IV Additional Judicial First Class Magistrate, Warangal is dispensed with until and unless his presencc is reqqired Page 5 of5 by t.l:e said Court. When the presence of the petitiorr :r is sought by the tria.l Court, the petitioner shall appear either in perr on or through his counselwithoutfailandheshalllrleanaflidavitbtllrethetrialCourt to this effect. Any deviation in this regard leads tc :ancellation of the relief granted herein.

9. With the above observations, the pres€l t criminal petition is disposed of. The interlocutory application, if r ny pending' shall stand closed. SE/ P,PONNA KIRSHNA ASS ISTANT REGISTRAR G /TTRUE COPY/' SECTION OFFTCER To,

1. The lV Additional judicial first class magistrate 'warang 2. The Station House Officer'subedari,warangal 3. One CC to SRl. C M R VELU Advocate [OPUC] 4. Two CC to PUBLIC PROSECUTOR,High Court For l.t e State of telangana at Hyderabad [OUT]

5. Two CD CoPies PA'PSL g i i I I i I I I I / , +.- i r,.'. , _ -:\- -i. )_ n , ',tL ...'J-- HIGH COURT DATED:14loll2O25 ORDER CRLP.No.2276 of 2021 DISPOSING OF CRIMINAL PETITION q J