Bhawar Lal Byas And 3 Others v. State Of Telangana And 2 Others

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 't810 OF 2023 Between:

'1. Bhawar Lal Byas, S/o. G.D. Byas, aged 7'1 years, Occ: Business, D.No.1-2593121,Flat No.302, Occ.Business Lakshmi Legend Apartments, Domalguda, Street No.3, Gagan Mahal, Hyderabad.

2. Smt. Niharika Byas, D/o. Bhawarlal Bas, aged 45 years, Occ: Business, (The 2nd Petitioner (A2) is presently Residing at No.4368, Brandon Gate Drive, Malton On L4T3K4,Toranto, Canada, M (2nd Petitioner herein) is representedby her G.P.A. Holder Smt. Vaddepally Saritha, WO Vaddepally Srishailam, Aged 34 years, Occ: housewife, R/O Plot Nos.77 and 78, Vinayakanagar, Hayathnagar, R R. district.

3. Nithin Byas, S/o. Bhawar Lal Byas, aged 41 years, Occ: Business, D.No.1-2593/21,Flat No.302,Occ. Business Lakshmi Legend Apartments, Domalguda, Street No.3, Gagan Mahal, Hyderabad.

4. Sneha, D/o. Bhawar Lal Byas, aged 34 years Occ: Housewife, D.No.1-2593/21,Occ. Business Flat No.302, Lakshmi Legend Apartments. Domalguda, Street No.3, Gagan Mahal, Hyderabad.

...Petitioner (Accused 1 to 3 and 5

AND

1. State of Telangana, Represented by Station House Officer, Saidabad P.S., Hyderabad Police Commissionerate, Hyderabad, Through the Public Prosecutor, High Court for the State of Telangana, Hyderabad.

2. G. Raju Goud, S/O Eshwaraiah, Aged42 years, Occ. business, R/O D.No.162-266, Saidabad, Hyderabad

3. Vaddepally Srisailam, S/O Venkatesham Aged 45 years, Occ. business, Native of H.No.1- 95, Thallavellamma village, Chityal Mandal, Nalgoda district, Presently residing at Plot Nos.77 and 178, Vinayakanagar, Hayathnagar, Ranga Reddy district. (Accused No.6,who is 43 herein is only formal party to this crl P) ...RE.'oNDENT/..M'LATNANTS Petition Under Section 482 of Cr. P.C praying that in the circumstances stated in the Memorandum of Grourrds of Criminal Petition, the High Court may be pleased to call for the records relating to and connected with Cr.No.57412022 u/s 406, 417,420,506 r/w Section 34 IPC and 156 (3) Cr.P.C. of Saidabad P.S., Hyderabad and quash the same.

l.A. NO: 1OF 2023 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 dispense with in filing of the certified copy of F.l.R. in Cr.No.57412022 U/s 406, 417,420 506 r/w Section 34 IPC and 156 (3) Cr.P.C. of Saidabad P.S., Hyderabad in the rnterest of justice. l.A. NO: 2 OF 2023 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 grant stay of all further proceedings in Cr.No.57 412022 uts 406, 417,420,506 r/w Section 34 IPC and 156 (3) Cr.P.C. of Saidabad P.S., Hyderabad, including the arrest of the Petitioners who are Accused 1 , 2,3 and 5 in the above crime, pending disposal of the Quash Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ARVIND KUMAR KATA, Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No.1 and of Sri M. ANIL KUMAR, Advocate for the Respondent No.

C.l-Petition No.181O of 2021 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1810 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, t973 (for short 'Cr.P.C.) by the petitioners- Accused Nos.1,2,3 and 5 to quash the proceedings against him in FIR No.574 of 2022 pending on the file of Station House Officer, Saidabad Police Station, Hyderabad. The offences alleged against him are under Sections 406,417,420 and 506 rlw 34 of Indian Penal Code (for shoft'IPC) and Section 156(3) of Cr.P.C.

2.

Heard both sides.

3. Learned counsel for the petitioners submits that the petitioners are the bonafide purchasers of the property.

4. Considering the facts and circumstances of the case, this Criminal Petition is disposed of directing the Investigating Officer in respect of FiR No.574 of 2022 pending on the file of Station House Officer, Saidabad Police Station, Hyderabad, to conclude

Crl.Petition No.1810 of 2023.

investigation as expeditiously as possible, by considering that the transactions in question are purely civil in nature and that petitioners are bonafide purchasers of property, according to the learned counsel for the petitioners. The petitioners shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation. Miscellaneous applications pending, if any, shall stand closed.

Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY'

it SECTION OFFICER To,

1. The Vll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.

2. The Station House Officer, Saidabad Police Station, Hyderabad District.

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

4. One CC to SRl. ARVIND KUMAR KATA, Advocate [OPUC]

5. One CC to SRl. M. ANIL KUMAR, Advocate IOPUCI

6. Two CD Copies PSR ,1 x{

HIGH COURT DATED:2210212023 SE $Tri

ORDER

?4 ffl:.r:

.c., CRLP.No.1810 of 2023 t DISPOSING OF THE CRIMINAL PETITION.

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