Telangana High Court
CRLP/11892/2022 of Boinapalli Rajaiah Vs The State of Telangana on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER Between: '1 . Boinapalli Rajaiah, S/o Durgaiah, Aged about 53 years, Occ. Agriculture, Rl/o Velichala Village, Ramadugu Mandal, Karimnagar
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11892 OF 2022
Between:
'1 . Boinapalli Rajaiah, S/o Durgaiah, Aged about 53 years, Occ. Agriculture, Rl/oVelichala Village, Ramadugu Mandal, Karimnagar District.. Boinapalli Rajaiah, S/o Durgaiah, Aged about 53 years, Occ. Agriculture, Rl/oVelichala Village, Ramadugu Mandal, Karimnagar District.
2. Boinpalli Rakesh, S/o Boinapalli Rajaiah Aged about 30 years, Occ. Student,R:/o Velichala Village, Ramadugu Mandal, Karimnagar District.R:/o Velichala Village, Ramadugu Mandal, Karimnagar District.
...Petitioner/A-l & 2
AND
1 . The State of Telangana, Rep. By its Public Prosecutor, High Court for theState of Telangana At HyderabadState of Telangana At Hyderabad
...Respondent
2. Eega Gattu Mallaiah, S/o Narsaiah, Occ. Business, R/o Velichala Village,Ramadugu Mandal, Karimnagar District.Ramadugu Mandal, Karimnagar District.
...RespondenU Defacto Com plainant
Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petitlon, the High Court maybe pleased to quash the FIR in Crime No.193 of 2022 of P.S. Ramadugu,Karimnagar District against the [petitioner/accused ]No.1 and 2 in the interest ofjustice
I.A. NO: 2OF 2022
Petition under Section 482 of Cr.P.C [praying ]that in the circumstancesstated in the l\rlemorandum of Grounds of Criminal Petition, the High Court maybe pleased to stay all further [proceedings ]including the arrest of thepetitioners/Accused No.1 and 2 in Crime No.193 of 2022 of P.S. Ramadugu,Karimnagar District This Petition r oming on for hearing, upon perusing the Mgmorandum ofGrounds of Crimin:,rl Petition and upon hearing the arguments of Sri K.SANJEEV ,Advocate for the Petitioner and the Additional Public Prosecutor onbehalf of the Respon lent No.1 a nd None Appeared for the Respondent No.2
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDERr.]CRIMINAL PETITIONo.11892 OF 2022
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ORDER:
This Criminal Petition is filed under Section 482 of the Codeof Criminal Procedure, L973 (for short ['Cr.P.C.) ]by the [petitioners-]Accused Nos.1 and 2 to quash the proceedings againstthem in FIRNo.193 of 2022 pending on the file of Station House Officer,Ramadugu Police Station, Karimnagar District, registered for theoffences punishable under Sections 420, 290 and 506 read with 34of Indian Penal Code (for short "IPC'J.
2. Heard learned counsel for the petitioners - Accused Nos.1and 2, learned counsel for the 2nd respondent and learnedAdditional Public Prosecutor for the respondent - State. Perusedthe material on record.
3. The allegation against the petitioners is that they have takenmoney towards sale consideration of property from the 2ndrespondent and did not register the property in the name of 2ndrespondent, for which reason a criminal complaint was filed for theoffences of cheating and criminal intimidation.
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4. Since th,: transactions are pertaining to sale of property andas the disput€, appears to be civil in nature, this Court deems itappropriate to direct the Investigating Officer in respect of FIRNo.193 of 202)- pending on the file of Station House Officer,Ramadugu Police Station, Karimnagar District, to conclude theinvestigatiorr v',ithout taking any coercive steps against thepetitioners - Accused Nos.1 and 2. Further, the petitioners-Accused shall [,:o-oDerate ]with the Investigating Officer as and whenrequired for the purpose of investigation.
5. Accordingly, the Criminal Petition is disposed of.
Miscellareous applications pending, if any, shall stand closed.
Sd/. V. [KAVITHA]ASSISTANT [REGI]SECTIONFFICER
//TRUE [COPY']
To,
'1 . The Judicial t'ilagistrate of 1't [Class(Excise) at Karimnagar']
2. The [Station ][H ][luse ][Officer, Ramadugu Police ][Station' ][Karimnagar District']3. Two CCs [to ][tl-re ][Public Prosecutor, High Court for the State ][of ][Telangana ][at]Hyderabad.(C'UT)3. Two CCs [to ][tl-re ][Public Prosecutor, High Court for the State ][of ][Telangana ][at]Hyderabad.(C'UT)
4. One CC to [S1l. ][K ][SANJEEV, ][Advocate ][[OPUC]]
5. Two CD [CoPies]
oJKAM-
HIGH COUR.T
KSJ
DATED:30112t',2022
ORDERCRLP. No. 1 1t'!,12 of 2022
DISPOSING OF' IIE CRIMINAL PETITION
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