G. Ajay Naidu v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7482 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioners/A1 to A3 seeking to quash the proceedings in Cr.No.260 of 2016 of Saifabad Police Station, Hyderabad City, registered for the offences punishable under Sections 420, 506 r/w 32 IPC and under Section 156(3) Cr.P.C., against them.

2. Heard learned counsel for the petitioners/A1 to A3 and learned Additional Public Prosecutor representing the State.

3. It is alleged in the complaint that the de facto complainant has been doing real estate business since 1990. While so, all the accused approached the de facto complainant and promised to clear all permissions including NOC from the Collector, Visakhapatnam, for the land in dispute and accordingly, he paid a sum of Rs.5 lakhs to the accused, but they failed to do the work as promised and when the de facto complainant asked them for return of the amount, the accused threatened him with dire consequences, thereby cheated the de facto complainant.

4. In view of the allegations in the complaint, this Court is of the considered view that this is not a fit case to interfere with the impugned proceedings. Truth or otherwise of the allegations in the complaint can be ascertained by the investigating agency during the course of investigation. However, considering the facts and circumstances of the case, the police concerned are directed to proceed with the investigation without arresting the petitioners/A1 to A3. The petitioners/A1 to A3 are directed to appear before the

investigating agency as and when required and cooperate with the investigating agency.

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

________________ M.S.K.JAISWAL,J 6th June, 2016 sj