[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.5581 OF 2012 Dated 2-7-2014 Between:
A.Nagaiah Setty and others.
..Petitioners.
And:
State represented by the Public Prosecutor, High Court of A.P., Hyderabad and another.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.5581 OF 2012 ORDER:
This petition is filed to quash proceedings in C.C.No.305 of 2011 on the file of Judicial First Class Magistrate, Yemmiganur, Kurnool District, registered for the offences under Sections 403 and 420 I.P.C.
Heard both sides.
The main contention of the petitioners is that the disputed property was purchased in public auction from Endowment Department and the petitioners purchased them from the auction purchaser in one plot directly and in other plot through the persons who purchased from the original auction purchaser and therefore, the question of cheating the complainant does not arise.
On the other hand, advocate for second respondent submitted that crime was registered in the year 2011 and thereafter, charge sheet is filed. He submitted that the complainant was induced to enter into agreement and part with huge money and true colours of accused came to light when they failed to turn out though complainant waiting at Yemmiganur Registration Office with balance consideration of Rupees one crore twenty five lakhs on 13-6-2011. There was some defect in the title for registration before due date and the petitioners have obtained no objection from the department only in the month of September, 2011 and therefore, there is prima facie material for the charges of cheating leveled against the petitioners.
As seen from the material papers, a private complaint is filed before the court and the same is forwarded to police for investigation and police after conducting investigation and examining four witnesses found that there is prima facie material for the offences under Sections 403 and 420 I.P.C. The correctness of the statements of witnesses and the allegations cannot be decided at this stage and they have to be decided during trial. Since the C.C. is of the year 2011 by directing the court below to decide the matter as expeditiously as possible by stipulating time, this petition can be disposed of.
For these reasons, learned Judicial First Class Magistrate, Yemmiganur is directed to dispose of the C.C. as expeditiously as possible preferably within a period of eight months from the date of receipt of a copy of this order and the presence of the petitioners 2 and 3 who are ladies is dispensed with for each and every adjournment. However, they shall appear as and when the court below directs and feels that their physical presence is necessary for any specific purpose.
Accordingly, this Criminal Petition is disposed of.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 2-7-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.5581 OF 2012 Dated 2-7-2014