Md. Hazis v. State Of Telangana

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.1196 OF 2018 ORDER:

Heard learned counsel for the petitioner/A.2, learned Additional Public Prosecutor for respondent State and perused the record.

This petition is filed under Section 482 Cr.P.C. to quash the charge sheet in C.C.No.61 of 2017 pending on the file of the Judicial First Class Magistrate (Prohibition & Excise), Mahabubnagar.

Learned counsel for the petitioner/A.2 would submit that the petitioner is a bona fide purchaser of 502 square yards in Sy.Nos.596/A, 598/A and 599/A situated at Bandameedipally Village under a registered sale deed document. The petitioner is not responsible for the offences punishable under Sections 406, 420, 423, 465, 468 and 471 of IPC. The continuation of proceedings are abuse of process of law and ultimately prayed to quash the charge sheet.

Learned Additional Public Prosecutor opposed to quash the charge sheet.

The material on record reveals that L.W.1 is a victim. She lodged a report with the police stating that A.1 to A.3 knocked away her property by fabricating and registering a sale deed. She purchased the subject plot situated at Bandameedipally Village under a registered sale deed, bearing No.3109 of 1998 and she has been in possession and enjoyment of the same. A.1 and A.3 personated and sold the subject land in favour of A.2. The police concerned after investigation filed charge sheet against the

petitioner/A.2 and other accused for the offences under Sections 406, 420, 423, 465, 468 and 471 of IPC. There are allegations constituting above offences against the petitioner/A.2. Therefore, it cannot be said that there are no grounds to proceed with and continuation of proceedings are abuse of process of law. The petition is devoid of merits and is dismissed. In the result, the Criminal Petition is dismissed. The Miscellaneous Petitions, if any, pending shall stand closed.

___________________________ Dr. SHAMEEM AKTHER, J 05th February, 2018.

ssp