The High Court · 2025

1. State Of Telangana, represented by its Public Prosecutor, High Court at Hyderabad For the State of Telangana and for the State of Andhra Pradesh, Hyderabad

2. Boni Sammaiah, S/o,Rajeeru, aged about 36 years, Occ: Agriculture, R/o. Korapalli village, Jammikunta Mandal, Karimnagar district. ... Respondents/com pla i na nt 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 the records relating to the C.C No. 1238 of 2015 on the file of Court of the ll Additional Junior Civil Judge-cum- ll Additional Judicial First Class Magistrate, Huzurabad, Karimnagar District and quash the proceedings. l.A. NO: 1 OF 2014 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 the appearance of the petitioner in the C.C No. 1238 ot 2O15 on the file of Court of the ll Additional Junior Civil Judge- cum- ll Additional Judicial First Class Magistrate, Huzurabad, Karimnagar District. l.A. NO: 1OF 2024 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 receive the papers (1) copy of general power of attorney dated 28.03.2011 , (2) copy of ratification deed dated 31.03.2015, (3) copy of RTI Application dated 29.02.2024, (4) copy of information furnished by the Public lnformation officer, (5) copy of appeal filed by me and pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A. Prabhakar Rao, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and of Sri Y. Bala Murali, Advocate Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.lO137 ofzOL+ ORAI ORDER: This Criminal Petition is filed prayihg to quash the proceedings against the petitioner/accused in C.C.No.1238 of 2015 on the file of the II Additional Junior Civii Judge-cum-Il Additional Judicial Magistrate of First Class, Huzurabad, registered for the offences punishable under Section 42O of the Indian Penal Code, 1860 (for short 'IPCJ.

2. The brief facts of the case of prosecution is that the de facto complainant lodged complaint before the police on O i.07.2013 stating that he purchased agricultural land to an extent of one acre in survey No.544 at outskirts of Korapalli Village for which he paid Rs.8O,OOO/ - towards sale consideration ald got a sale deed registered. Later, when he approached the Tahsildar office for issuance of pattedar passbook, he came to know that as he is not the owner of the said land, the pattedar passbook was not issued to him. When he enquired regarding the same with the petitioner, the petitioner neglected to respond, hence, the complaint was lodged for taking necessary action against the petitioner. 2 SKS,J Crl.P.[o.10137 of2014

3. Heard Sri A.Prabhakar Rao, learned counsel for petitioner. In spite of service of notice to respondents, though there is counsel on record for respondents, there is no appearancc. For the last

4. l.earned counsel for the petitioner submitted that petitioner sold property under the impression that he is the owner of the property as his mother who was the original owner had authorized him as GPA to sell the property. He contended that even after being aware of the fact that the mother of petitioner had given affidavit stating that she has no objection for the sale transaction, and that the petitioner is her GPA holder, the de facto complainant lodged report alleging cheating. While advocating that the question of cheating does not arise, he prayed this Court to . quash the proceedings against the petitioner by allowing this criminai petition.

5. Having regard to the rival submissions made and on going through the material placed on record, it is noted that the only allegation against the petitioner is that he sold property'ithich does not belong to him and that the said property belongs to his mother for which she has also hled afhdavit stating that she is ready to se1l the property and then they executed a rectifrcation deed in favour of de facto complainant. At this stage, it is pertinent to note that to constitute offence under Section 42O IPC, there must be an . 3 SI(S,J Crl.F.Ilo.lOlA7 of 20I.t intention of cheating from the inception, whereas, in the case on hand, there are no such averments to constituted the offence, therefore, the question of cheating does not arise at all, so as to attract the offence as alleged against the petitioner. Hence, this Court is of the opinion that continuation of proceedings against the petitioner would amount to abuse of process of law and the same is liable to be quashed.

6. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner in C.C.No.1238 of 2015 on the Iile of the II Additional Junior Civil Judge-cum-II Additional Judicial Magistrate of First Class, Huzurabad, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed. I Sd/. P. CH. NAGABHUS ASSISTANT REG BA TRAR //TRUE COPYII SECTION OFFlCER To,

5. b. DL/gh 1 The ll Additionar Junior civir Judge-cum- il Additionar Judiciar First ^ !las_s tt4agistrate, Huzurabad, Kari-mnagar District 2. The Station House Officer, Jammikunta poi"" itriion, Karimnagar. 3. Two CCs to public prosecutor, High Court for *re State of Telangana at Hyderabad. (OUT) One CC to Sri A. Prabhakar Rao, Advocate tOpUCl One CC to Sri Y. Bala Murali, Advocate 1Oel.rC1 Two CD Copies HIGH COURT DATEO:1110212O25 I ORDER CRLP.No.10137 ot2014 '::::-::-.. \ ,- =:' .. irii: sj4 o {{ (' (. 2 0 *pn ZWS * {+ SD/.I "r.ro 1 ALLOWING THE CRIMINAL PETITION /2 4 -.s lz/zzz<n-