The High Court dismissed a petition under Section 482 Cr.P.C. seeking to quash criminal proceedings. The complaint alleged cheating by society officials who collected money for plots but failed to allot them. The Court held that prima facie evidence existed attracting criminal liability and refused to interfere at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR'I'I{E STATI OF TELANGANA
THURSDAY,THE FOURTEENTH DAY OTI TWO THOUSAND AND TT{ENTY T\iO'ULY
PRESENT
THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY
CRIMINAL PETITION NO: 8093 OF 2009
Between:
...PETITIONEIVACCUSED No.14
AND
...RESPONDEN?COMPLAINANTS
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.816/2006 pending on the file of the Additional Judicial First Class Magistrate, Bhongir, Nalgonda District .
I.A. NO: 2 OF 2009(CRLPMP. NO: 7815 OF 2009)
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings including appearance of the petitioner in C.C.No.816ru 2006 pending on the file of the Additional Judicial First Class Magistrate, Bhongir, Nalgontla District.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M Surender Rao. Advocate for the Petitioncr and the Public Prosecutor (TG/AP) on behalf of the Respondent No.1 ancl of Sri N.Sridhar Reddy,Advocate for the Respondent No.2.
The Court made the following: ORDEIT
T IE HONOURABLE SRI JUSTICEA.SANTHOSH REDDY
C RL.P.No.8093 OF2009
ORDER:
This criminal petition is filed under Section 482 Cr.P.C to quash the proceedings against the petitioner/A-14 in C.C.No.8l6 ol 2006, on the hle of the Additional Judicial Magistrate ofFirsr Class, Bhongir, Nalgonda District.
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A-12 to A-14 for the oflences punishable urrdcr Sections 420, 406
& 408 IPC and against A-4, A-5 & A-9 to A-l I lor the offences punishable under Sections 419, 406 & 408 IPC.
Housing Society". They also informed him that they developing a land in Sy.No.763lAA part admeasuring Acs.5-24 Gts., situated at Bhongir Viltage by forming layout and that the said society was formed lor the welfare of Teachers, who will only be the members of the society.
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second instalrnent amount ol Rs. 13,000/- and issued a receipt. The complainant subsequently made five diflbrent payme nts on dilferent dates. Thus, in all he paid Rs.30,000/- at the instance of A- I to A-5, besides paying Rs. 10,000/- on 15.06.2001 .
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Later, on 05.02.2006, the complainant approached A-l and A-2 at their office where A-3 to A-l I were also there and he askcd them for not giving reply lor his reply notice dated 17.09.2005 to which all the accused abused him in filthy language and threatened him. Based on the above complaint, police registered a case in Cr.No.28 ol' 2006 and took up investigation and after completion ol investigation filed charge sheet in C.C.No.8l6 of 2006.
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the Society only from 1998 and by 2006, he was not the Vice President and as such he cannot be connected with the alleged offences. Since nor.re of the allegations attract the alleged offences against the petitioner herein, continuation ol proceedings would amount to abuse of process of law. He prayed for quashing of the proceedings against petitioner/A- I 4.
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the ingredients ol the atleged offences. He prays tbr disnrissal of the criminal petition.
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l I l I
in the allotment register. The accused have been postponing the issuance of ailotment letter stating that they have to receive approval orders lor layout legistration from the office at Hyderabad. lt is alleged tl.rat the governing body of the society has also taken an amount of Rs.35,000/- from one Mr.P.Ashok Reddy (L.W 3) and Rs. 18,000/- towards municipal permission and registration expenses and thereby cheated them and the same is sub.iect matter of Cr.No.l l4 of 2006 registered by Bhongir Town Police fol the offcrrces punishable under Sections 420,419, 406, 4C8IPC.
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Rs.40,0001 from the complainant as well as other victirris i.e., L.Ws.3, 5 to I I and issued receipts for payment of cash, but dishonestll, cheated them without allotting or registering the plots on their names.
I 5. The allegations ln the charge sheet and statements of u,itnesses would disclose that the petitioner/A- I4 is a mernber in the Teachers Housing Cooperative Society, Bhongir and rLcled as Vice President. The statements of witnesses would reveal that not only the second respondent/complainant was victim but al:;o other witnesses, who are cited as L.Ws.3, 5 to 11, were also victirns, who rvere induced to become members of the society. and assured allotment of plots to them and the accused though collected money, did not allot plots to them. It is also alleged that society goveming body had registered some plots to the non members also.
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a
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under Section482 Cr.P'C and quashthe proceedings against the
petitioner/A- 14.
sD/-r.sRrNwAs DEPIIry REGISTRAR ""'"$.;ulYti:i-'* / /[RUEcoPY//
SECTION OFFICER
To,
CHG
{
I
HIGH COURT
DATED:14107/2022
ORDER
CRLP.No.8093 of 2009
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CRTMINAL PETITION IS DISMISSED
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1 issue framed by the court
Whether inherent powers under Section 482 Cr.P.C. are exercisable to quash criminal proceedings where prima facie material ingredients of cheating and dishonestly inducing delivery of property are dis
1 provisions across 1 enactments
Durgala Krishna Prasad
ThE State of Telangana, rep. by the Public Prosecutor
N.Sathi Reddy
A.Santhosh Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
