B.Somani Naik v. The State

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.No.634 of 2014

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioner/accused seeking to quash the proceedings in C.C.No.661 of 2013 on the file of the III Metropolitan Magistrate, Cyberabad at L.B.Nagar, for the offences punishable under Sections 406, 420 and 506 IPC, against him.

2.

It is alleged in the charge sheet that the petitioner/accused induced the de facto complainant to believe that he is the absolute owner of plot Nos.37 and 38 admeasuring 400 sq. yards in Sy.No.43 of Medipally and accordingly, the de facto complainant entered into an agreement of sale with the accused and paid a sum of Rs.20 lakhs as advance, but the fact is that the said plots are owned by another person and thereby the accused cheated him.

3. In view of the allegations mentioned in the charge sheet, the matter has to be decided after full fledged trial and therefore, this Court is not inclined to interfere with the impugned proceedings. However, the presence of the petitioner/accused before the trial Court is dispensed with except on the dates whenever his presence is insisted by the trial Court and he shall be represented by his counsel.

4. With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

_______________ RAJA ELANGO, J 22nd February, 2016 sj