Nagabhairava Radhika v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4142 OF 2016 ORDER:

This petition is filed by the petitioners-accused Nos.2 and 3 under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.228 of 2015 on the file of Amaravathi Police Station, Guntur District, registered for the offence punishable under Section 420 IPC.

Heard and perused the material available on record. It is alleged that the 2nd respondent entered into an agreement of sale with A1 to purchase Ac.0.53 cents for sale consideration of Rs.13,500/- and the 2nd respondent paid Rs.3,500/- towards advance. Subsequently, A1 received Rs.72,000/- from the 2nd respondent and delivered possession of the property. Even though the 2nd respondent is ready to perform his part of contract, A1 failed to execute a register sale deed in favour of the 2nd respondent. A1 to A3 came to the 2nd respondent and demanded him to pay Rs.3 lakhs for execution of registered sale deed and he paid the same. But they failed to execute the sale deed in favour of the 2nd respondent. Hence, the 2nd respondent filed a private complaint before the learned II Additional Judicial First Class Magistrate. The learned Magistrate referred the same to the police and on such reference, the above crime was registered.

Learned Counsel for the petitioners submitted that the allegations are civil in nature and that the learned Magistrate has referred the private complaint filed by the 2nd respondent to the police without following the procedure under Section 156(3) Cr.P.C. He further submitted that A1 was released on bail. Considering the facts and circumstances of the case, the 1st respondent-police are directed to complete the investigation and file a

final report, if any, in accordance with law, without arresting the petitioners. In the event of necessity, the 1st respondent-police are directed to issue notice to the petitioners for the purpose of investigation. On issuance of such notice, the petitioners are directed to appear before the investigating officer and give an undertaking as to their future appearance as and when required by the investigating agency for the purpose of investigation.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 28.3.2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4142 OF 2016 DATED 28.3.2016 Nn