The court examined a criminal petition regarding an offence under Section 420 IPC involving an agreement for house property sale. The bench opined that the allegations disclosed sufficient ingredients against the accused A.2.
Petitioner's criminal petition was dismissed, allowing the impugned order and proceeding with the investigation.
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HON’BLE SRI JUSTICE SAMUDRALA
GOVINDARAJULU
CRIMINAL PETITION No.5423 of 2012
O R D E R:
The petitioner/A.2 is accused of offence punishable under Section 420 IPC along with others. The transaction leading to the private complaint filed by the 1st respondent is one of agreement for sale of house property. According to the 1st respondent, on the representation of other accused that one Mumtaj Begum executed a gift deed in favour of A.2, the 1st respondent paid Rs.5,00,000/- and A.2 handed over the agreement executed by him to her along with Photostat copies of link documents. It is contended by the petitioner’s counsel that even as per the allegations in the complaint, the amount of Rs.5,00,000/was received by A.1 on behalf of A.2 and that A.2 has nothing to do with the transaction, with the 1st respondent. The complaint further reads that at the time of payment of Rs.5,00,000/-, A.2 handed over the agreement executed by him. It cannot be said that A.2 has nothing to do with the same transaction. It is a matter
for investigation. The allegations in the private complaint filed by the 1st respondent and which was referred to the police for investigation, do reveal ingredients for the offence under Section 420 IPC against A.2 also.
Hence, the Criminal Petition is dismissed.
____________________________ SAMUDRALA GOVINDARAJULU,J
Dt. 17th July, 2012. PNV
1 issue framed by the court
Whether sufficient ingredients for an offence under Section 420 IPC are disclosed against the accused A.2 based on the private complaint.
1 provisions across 1 enactments
Petitioner/Name of accused not specified in text
1st Respondent
A.2
Samudrala Govindarajulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
