High Court of Telangana · 2025

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records and quash all further proceedings in respect to the petitioner in Crime No. 971 of 2022 of S.R. Nagar Police Station, Hyderabad and quashing the proceedings in CC Nq.181 1 of 2023 on the file of lll Additional Chief l.A. NO: 2 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including arrest of the petitioner in Crime No. 971/2022 of S.R. Nagar Police Station, Hyderabad, quashing the proceedings i ,i i!, in CC No.1811of 2023 on the file of lll Additional Chief Metropolitan Magistrate pending disposal of the above Criminal petition. This F'etition coming on for hearing, upon perusing the Memorandum of Grounds of ,lriminal Petition and upon hearing the arguments of Sri PASHAM MOHITH, Advocate for the Petitioner and SRI E GANESH, the Assistant Public Prosecutor fcr the Respondent No.1 and none appeared for the Respondent Nos.2 to 5. The Court made the following: ORDER r*- I THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.2235 OF 2or23 ORDER: This Criminal Petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings against petitioner/accused No.2 in C.C.No.1811 of 2023 on the file of learned III Additional Chief Metropolitan Magistrate for the offences punishable under Sections 120-F., 4O3, 406, 416, 42O, 44L, and 5O6 r/w. Section 34 of I.P.C.

2. Heard Mr. Pasham Mohith, learned counsel for the petitioner/accused No.2 and Mr.E.Ganesh,

1.*1.d Assistant -" Public Prosecutor appearing for respondent No.2-State.

3. The brief facts of the case are that petitioner is the purchaser of Flat No.A-1O2 that was sold to him by accused No.l-Mr. Mohammed Asif Ni uide a registered sale deed. The accused No.1 is the own brother of respond.ent Nos.2 to 5 and the son of Late Mohd. Sardar Ali Khan. It is f,urther contended that to the knowledge of the petitioner that the accused No.1 has been the absolute owner-possessor of Flat No.1O2, A-B1ock, situated at 7-l-62LlFlA, Srinivasa Colony East, p.R.Nagar, Hyderabad and the same has been in the name of the accused No.l since 1995. a-Effi 2 The saict property has been in the nalne of the accused No.1 even during the lifetime of both his parents and the respondent Nos.2 to 5 have never raised any dispute in this regard at that point in time. Alter several years of the demise of both the parents of the accused No.1, the respondent Nos.2 to 5 are now making fraudule:et claims over the said property only to put pressure on the accused No.1 to come to their terms. It is further submitted that the accused No.1 had represented to the petitioner that the accused l\o. 1's mother had gifted her four flats which were gifted to her by her husband, in favour of the accused No.l during her lifetime, i.r the year 1995. Since then, the accused No.1 has been in lawful and peaceful possession of the same. One of the said four flats bearing flat No.1O2, A-Block was pu.rchased by the petitioner herein from accused No.l in GHMC assessment records arrd in the society register maintained by the socieff members of the said flats.

4. It is lurther submitted that before the sale of the propert5l to. the petitioner, tJle Accused No.l had been duly.paying the Municipal'Iaxes and all other ancillary payments; the receipts of which, are also in his name, there was no foul play or fabrication of any document as the accused No.1 was the owner of the said ! 3 property: even during the lifetime of his parents, It is further submitted that the accused No.l was the absolute owner of the property before the same was sold to the petitioner herein uide a registered sale deed dated 05. 10.2018 bearing Doctrment No.2998 /2018.

5. It is further submitted that accused No.l filed a Criminal Petition No.606 of 2023 before this Court to quash further proceedings in respect to the accused No.1 in Crime No.971 of 2022 of S.R.Nagar Police Station, Hyderabad and this Court on 2O.O1.2O23 allowed the Criminal Petition and thus petitioner prays this Court to allow this petitioner in view of the orders passed by this Court in Criminal petition No.606 of 2023.

6. ' Learned counsel for the petitioner submits that the issues between petitioner and respondents are purely civil-in-nature and subjecting the petitioner to criminal prosecution is nothing but abuse of process of law and hence, seeks to allow the Criminal Petition. .

7. Learned Assistant Public Prosecutor contends that it is for the trial Court to decide the matter upon cond.ucting a full- fledged trial and interference of this Court, at this stage, is not warranted. Therefore, he seeks to dismiss the Criminat Petition. r' .:, .::. 4

8. Having heard learned counsel for the petitioner and learned. Additio:ral Public Prosecutor, this court without making any observation on merits or demerits of the case, this criminal petition is dismissed granting liberty to the petitioner/accused No.2 to [ile appropriate application in accordance with law, before the trial court seeking discharge and upon fiting the same, the trial CorLrt shall consider the said application on merits and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of three (03) months thereon.

9. Accordingly, this Criminal petition is dismissed. Misr:ellaneous Petitions, pending if any, shail stand closed. SD/. K.BHAVANI SWAMY ASSISTANT REGISTRAR I ,/TRUE COPY// SECTION OFFICER To,

1. The lll Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. 2. The Staticrn House Officer, SR Nagar Police Station, Hyderabad. 3. One CC to SRI PASHAM MOHITH Advocate IOPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderalrad. [OUTI

5. Two CD Copies GR/PSL Y{ . _\, , e HIGH CI)URT DATED:0710412025 F r.t 5 1 (_) ? I ftt ?ll)fi * * ORDER CRLP.No.2235 of 2023 DISMISSING THE CRLP q -fA #*