Teepireddy Laxma Reddy And 2 Others v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY ,THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 789 OF 2023 Between:

'1 . Teepireddy Laxma Reddy, S/o Late Venkat Reddy, age-60 Occ- Business Fl/o H.No.8-5-479, Kothi Rampur, Karimnagar, Karimnagar District.

2. Teepireddy Anil Kumar Reddy, S/o Laxma Reddy,Age 40 years OccBusiness Rl/o H.No.8-5-479, Kothi Rampur, Karimnagar, Karimnagar District.

3. Teepireddy Anusha Reddy, D/o Laxma Reddy, Age 35 Years Occ- House Wife H.No.8-5-479, Kothi Rampur, Karimnagar, Karimnagar District. ...PETITIONERS/ACCUSED Nos.1 to 3 AND '1- The State of Telangana, Through Public Prosecutor, High Court for the State of Telangana At Hyderabad.

2. Aadimulam Satyanarayana, S/o Lakshmaiah, aged 66 Years Occ- Farmer Rl/o H.No.2-17, Peerlapalli Village, Jagdevapur Mandal, Siddipet District - 502 281.

...RESPONDENTS 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 quash the FIR No.200 of 2022 of Thurkapally' Rachakonda Commissionerate under Section - 420, 12Ob,406, R/w 34 IPC as the same is untenable either on facts or under law and pass such other and further order or orders as are deemed fit and proper in the circumstances of the case' l.A. NO:1 F 202 Petition under Section 482 of Cr'P'C praying that in the circumstances StatedintheMemorandumofGroundsofCriminalPetition,theHighCourtmay bepleasedtostayallfurtherproceedingsinFlRNo.200of2022otThurkapally,

Rachakonda Commissionerate under Section - 42O, 12Ob, 406, R/w 34 IPC including arrest of the Petitioners pending disposal of the main Criminal Petition in the interest of justice.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G. Rajeshwar Reddy, Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Respondent No.1. The Court made the following: ORDER l il

Crl.Petition No.789 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.789 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitioners-Accused Nos.1 to 3 to quash the proceedings against them in FIR No.200 of 2022 on the file of Station House Officer, Thurkapally Police Station, Rachakonda. The offences alleged against them are under Sections 420, 406 and 120(8) read with 34 of Indian Penal Code (for short'IPC').

2. The 2nd respondent - de facto complainant filed a complaint against these petitioners alleging offences of cheating and misappropriation of amounts which was paid towards purchase of property.

3.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.

ctl.Petition No.789 of 2021

4. A suit was filed by the 2nd respondent against these petitioners vide O.S.No.2 of 2022 for specific performance of agreement of sale dated 21.08.20L9.

5.

Since the transactions mentioned in the complaint pertains to the civil suit which was already filed and pending before the concerned Civil Court, this Court deems it appropriate to direct the Investigating Officer in respect of FIR No.200 of 2022 on the file of Station House Officer, Thurkapally Police Station, Rachakonda, to conclude investigation without taking any coercive steps against the petitioners - Accused. The petitionersAccused shall co-operate with the Investigating Officer as and when required for the purpose of investigation. 6.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.

SD/.V.KAVITHA ASSISTANT REGIS R //TRUE COPY// SECTIO OFFICER To,

1. The Station House Officer, Thurkapally, Rachakonda Commissionerate at Hyderabad.

2. One CC to Sri G. Rajeshwar Reddy, Advocate [OPUC]

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

4. Two CD Copies gbr '9

HIGH COURT DATED: 2510112023 rA S C.

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ORDER

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( .!, GRL.P.No.789 of 2023 * t i DISPOSING OF THE CRIMINAL PETITI ON ge.- -31a\aa