The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioner in Cc no. 147312023 Uls 420.506 r/w 34 IPC (P.S. Mills Colony) (on The File of ln the Cou( of I Judicial First Class Magistrate at Warangal l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Stay of all further proceedings in proceedings against the petitioner in CC no. 147312023 U/s 420.506 r/w 34 IPC (P.S. Mil+s Colony) (on the file of in the Court of I Judicial First Class Magistrate at Warangal as the pending disposal of the above Criminal petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Md Fasiuddin, Advocate for the Petitioner and Sri M.Vivekananda Reddy, the Assistant Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION t{o.6441 of 2O25 ORDER: This Criminal Petition is filed seeking to quash the proceedings against the petitioner/accused No.2 in C.C.No.1473 of 2023 on the frle of the learned I Additional Judicial Magistrate of First Class, Warangal, registered for the offences punishable under Sections 42O arrd 506 read with 34 of the Indian Penal Code, 1860'

2. The brief facts of the case are that on 27.O5-2O23 respondent No.2/de facto complainant lodged a complaint against the petitioner and other accused stating that about two years ago, while she was searching for a plot to purchase, three individuals, Sd. Sahida, Sd. Kasim, and Vallam Ramesh, all residents of Hanamkonda, approached her and introduced themselves as rea-l estate agents dealing in plots at low prices. Believing their representation, she and her husband were taken to an open plot at Gopalpur, Halamkonda, where the accused showed them registration documents and gained their trust. On 28.02.2O21, tlrey agreed on a sale price of Rs.20,0O,00O I - and collected an advance of Rs.5,00,O00/-, promising to execute a sale agreement the next day. However, the accused began postponing the matter, 2 SXSn' crl.P.Io.644l of 2O2s and upon repeated requests, executed a written paPer_ but failed to return the money or fuffill their promise. The incident occurred at her residence in Shivanagar in the presence of Gudur Vijaya and others. When questioned again, the accused allegedly threatened her.

3. Basing on the said complaint, the Police registered a case in Crime No.339 of 2023 for the offences punishable under Sections 42O and 5O6 read with 34 of IPC and after cornpletion of investigation, they liled charge sheet, vide C.C-No.1473 of 2023 before the I Additional Judicial Magistrate of First Class, Warangal. Aggrieved thereby, the petitioner/accused No.2 hled the present criminal petition to quash the proceedings against him.

4. Heard Sri Mohd. Fasiuddin, learned counsel appearing on behalf of the petitioner as well as Sri M. Vivekananda Reddy' learned Assistant Public Prosecutor appearing on behalf of respondent No. 1- State. Learned counsel for the petitioner submitted that the 5. petiLioner is the husband of accused No. I and is in no way connected with the alleged offences' He further submitted that t-here are no specihc allegations against the petitioner and that ttre 3 sKs"J Crl.P.l{o.6441 of2025 documents Iiled by respondent No.2 do not mention any plot or contains any particulars of the plot as alleged. He further submitted that the complaint itsell is barred by limitation. Therefore, he prayed the Court to quash the proceedings against the petitioner by allowing this criminal petition.

6. On the other hand, learned Assistant Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations against accused Nos.l to 3 are similar, and according to the respondent No.2, the accused induced her to pay an advance of Rs.S lakhs towards the plot cost of Rs.2O lakhs. He submitted that since there are allegations against the petitioner which require trial, quashing the proceedings at this stage does not arise. Hence, he prayed that the Court dismiss the criminal petition.

7. In the light of the submissions made by both the learned counsel and upon a perusal of the material available on record, it appears that there are no specific allegations againsr the petitioner in the original complaint filed by respondent No.2. The main allegation is that accused No. 1 , along with accused No.2, was engaged in real estate business and that respondent No.2 had paid an amount of Rs.5,00,000/- as advance. However, the documents f 4 sris,J Crt.P.No,644l of 2(,25 hled by respondent No.2 alcng with the complaint do. not disclose any particulars of the alleged plot. The dispute, on the face of it, appears to be a matter of recovery of money. In the absence of any specifrc allegation or role attributed to the petitioner, continuation of proceedings against him would amount to an abuse of process of law. Accordingly, the proceedings against the petitioner are liable to be quashed.

8. In view thereot this criminal petition is allowed and the proceedings against the petitioner in C.C.No.1473 of 2023 on the file of the learned I Additional Judicial Magistrate of First Class, Warangal, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed. To //TRUE COPY// SD/. L.VIJAYA LAXMI IS TANT REGISTRAR ECTION OFFICER 1 2 3 4 5 The l"tAdditional Judicial First Class Magistrate at Warangal. The Station House Officer, Mills Colony Police Station, Warangal District. One CC to Sri Md Fasiuddin, Advocate [OPUCI Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies SM/gh HIGH COURT DATED: 1710712025 I t1 _,4 .r s i,i \.r^ .\ .,'\ 'i\ il tl (' ii 2BIllBM ORDER GRLP.No.6441 of 2025 /|. t I r1l rlrt\ -\ ,r ALLOWING THE CRIMINAL PETITION )