Madamsetty Siva Kumar v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4148 OF 2016 ORDER:

This petition is filed by the petitioner-accused under Section 482 Cr.P.C. seeking to quash the proceedings against him in FIR No.757 of 2015 on the file of the Krishnalanka Police Station, Vijayawada, registered for the offence punishable under Sections 420, 474, 384 and 506 IPC.

Heard and perused the material available on record. It is alleged that as the 2nd respondent failed to discharge the loan obtained by him from a Bank by pledging his house, an auction notice was issued. On that, the petitioner approached and informed the 2nd respondent that he will discharge the loan amount to Bank and he will alienate the property for higher price. Believing his version, the 2nd respondent gave all the documents to him. After 10 days, when the 2nd respondent asked for return of the documents, he informed them to register the said property in his favour and he will pay the remaining amount, after deducting the loan amount paid by him. The 2nd respondent registered the house in favour of the petitioner. But the petitioner did not pay any amount. The petitioner got executed a document to the effect that the 2nd respondent will vacate the house within 15 days. He also obtained the signatures of the 2nd respondent on white papers.

Considering the facts and circumstances of the case and the allegations made against the petitioner, this Court is of the view that the investigating agency should be allowed to have a fair investigation in this matter. Therefore, this Court is not inclined to grant the relief sought by the petitioner.

Accordingly, the Criminal Petition is dismissed. However, the petitioner is at liberty to approach this Court, if any final report is filed

against him after completion of the investigation. ______________________ JUSTICE RAJA ELANGO Date : 28.3.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4148 OF 2016 DATED 28.3.2016 Nn