The High Court · 2025

District, (Previously Ranga Reddy Dist) through Public Prosecutor High Court of Telangana, Hyderabad. ...Respondent

2. Katam Krishnaiah, S/o. Pentaiah, aged about 46 years, Occ. Agriculturist, R/o. H.No.2 -146, Kothur Village, Kandukur Mandal, Ranga Reddy Dist. ...De-facto-complainanURespondent Petition under Section 482 o'f Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash C.C.No.455 of 2022, on the file of the Honourable XVll Additional Metropolitan Magistrate, at IVlaheshwaram, Ranga Reddy District. l.A. NO: 1OF 2023 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 to grant stay of all further proceedings including the appearance of the Petitioner/Accused herein in C.C.No.455 of 2022, on the file of the Honourable XVll Additional Metropolitan lvlagistrate, at Maheshwaram, Ranga Reddy District. This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. R. Rama Brahmma, Advocate for the Petitioner and the Mr. E. Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.'l and of Mr. S. Vijaya Prashanth, Advocate for the Respondent No. 2. The Court made the following: ORDER f' THE HON'BLE SRI JUSTICE E.V. VENUGOPAL c RTMINAL PETITION No. 9999 0F 202it ORDER: This ( rimina-l petition is filed by the petitioner seeking to quash the procr:edings against him in C.C.No.455 of 2022 on the Iile of the learned XVII Additional Metropolitan Mallist rate, at Maheshwarr rn, Ranga Reddy District (for short, ,,the tr..al Court").

2. Heard Mr.R.Rama Brahmma, learned couns..l for the petitioner. l{r. E). Ganesh, learned Assistant pubric prosecutor appearing .lo r r,:spondent No. 1-State and Mr.S.vij:Lya Prashanth, learned cotrr sel for respondent No.2.

3. The b -ief facts of the case are that on 1 S .06 .2022 respondent )1o.2 / de facto cornplatnant gave a complaLint to the Station House Olficer, pS Kandukur stating that durinrJ the year, 2Ol9 he ptLr:hased the land admeasuring Ac 0.35 gts in survey Nos.28/e and 29 /e situated at Gafoornagar Revenr.ie Village, Kothur Grampzmchayat, Ranga Reddy District lrom the petitioner/a,c:ust:d, paid the entire sare consideratio. and the said land wai; to be registered in the name of .w,ife of r<:spondent No.2. But the authorities refused to register the said sale deed stating that the petitioner did not submit the yrass book ^retistration I I 2 to Sub-Registrar Office; that respondent No.2 requested the petitioner to register the sale deed but postponed the, matter on one pretext or the other. Basing on the said facts, the present crime is registered against the petitioner for the offences punishable under Sections 406 and 42O of I.P.C.

4. Learned counsel for the petitioner submitted that there is no whisper in the complaint that respondent No.2 had filed O.S.No.734 of 2O2l (re-numbered as O.S.No.18O of 2022 ot tlre file of the learned Principal Senior Civil Judge, at Ibrahimpatnam, Ranga Reddy District) seeking the relief of specific performance of contract against the petitioner and that the said suit is pending consideration. He further submits that suppressing the material facts, the present complaint is foisted agajnst the petitioner, which is abuse of process of law and seeks to allow this Criminal Petition.

5. Learned counsel for unofficial respondent No.2 submitted that the petitioner had received a sum of Rs.6,O0,0OO/- as sate consideration for execution of sale deed in favour of respondent No.2. But due to non submission of the pass book of the petitioner the said sale deed could not be executed Therefore, he .:. ( 3 submits thz t tr aless and until trial is conducted. thtr truth will not come to light and seeks to dismiss this Criminal pe tition.

6. Learne d hssistant Public Prosecutor contende,l that the matter reo.uires to be tried and seeks to dismiss this Criminal Petition.

7. Having regard to the submissions of all the learned counsel and on perusin6; the material available on record, rhis Court is of the opinion .hat the matter requires a full-fledged triai Therefore, this Court i I r.ot inclined to entertain the Criminai l)etition, at q I this stage.

8. The petitioner is at liberty to fiie an applicarion seeking to discharge h m 5efore the triai Court. Upon filing of such an application, thr: trial Court shall examine and pass zr.ppropriate orders, as 1tr r 1aw. However, as sought by the learned .:ounsel for the petitiorrer, appearance of the petitioner is dispensed rvith in C.C.No.455 f 2022 on the file of the learned XVII Additional Metropolitan Magistrate, at Maheshwaram, Ranga Red,ly District when repre.s:nted by his counsel on record. The appr:arance of the petitione r is dispensed with subject to filing an affidavit by the petitiont ,r s tating that, in his absence, the proceedings conducted b i Lris counsel will not be disputed by hr m in any : 4 0, manner. However, the petitioner shall appear before the learned .Magistrate as and when his presence is required. In the event of failure, of the petitioner to appea-r when the Court directs, this order dispensing with his appearance stands vacated

9. Accordingly, this Criminai Petition is disposed of Miscellaneous Petitions, pending if ary, shall stand closed. SD/- T. JAYASREE DEPUTY REGISTRAR To, //TRUE COPY// CTION OFFICER

1. The XVll Additional lVletropolitan Magistrate, at Maheshwaram, Ranga 2. The Stdtion House Officer, Rachakonda Commissionerate, Kandukur Reddy District. Police Station Hyderabad. (OUT)

3. Two CCs to Public Prosecutor, High Court for the State of Telangana at 4. One CC to Mr. R. Rama Brahmma, Advocate tOpUCl 5. One CC to Mr. S. Vijaya Prashanth, Advocate tOpUCl 6. Two CD Copies DL/PSLw ..,. '., : I a I I c :J o \l\\ ' i;. t 2s t4An M z * , )_^-,- "t-? raB HIGH COURT DATED:19/02'2025 ORDER CRLP.No.999{t of 2023 CRIMINAL PETITION IS DISPOSED OF i I b