Seri Sasikala vs State Of Telangana

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), is filed seeking to quash the proceedings in Crime.No.106 of 2022, pending on the file of Shankerpalli Police Station, Cyberabad. The petitioner herein is accused No.4 in the said crime. The offence alleged against him is under Section 420 of IPC.

Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondents. Perused the record.

Perusal of the record would reveal that the petitioner herein and the 2nd respondent have entered into agreement of sale dated 19.12.2020 with regard to sale of land admeasuring Ac.0-38.76 gts situated at Hussainpura Village, Kothapally Gram Panchayat, Shankerpally Mandal, R.R.District on the specific terms and conditions agreed therein. According to the 2nd respondent, the petitioner herein is not coming forward to receive balance sale consideration and execution of registered sale deed in his favour. In the agreement of sale at clause No.3, the parties have agreed that if the petitioner fails to execute registered sale deed in favour of the 2nd respondent on receipt of balance sale consideration, the 2nd respondent is entitled to seek specific performance of the said agreement of sale legally and claim the relief against the petitioner herein before the competent Court of law. There is also a clause that if the 2nd respondent fails to pay the said amount within the stipulated time, the agreement of sale stands cancelled automatically and the amount of advance sale consideration received by the petitioner will be refunded to the 2nd respondent without interest. Hundred (100) days time was specified in the said agreement of sale. Sri N.Naveen Kumar, learned counsel for the petitioner would submit that the 2nd respondent has not filed any suit for specific performance of the said agreement of sale and that the petitioner is ready to refund the said amount in terms of said agreement of sale. The said facts would reveal that the disputes between the petitioner and the 2nd respondent are civil and contractual in nature. The contents of the complaint dated 22.02.2022, prima facie, lacks ingredients of offence under Section 420 of IPC. However, it is at crime stage. Thus, there are several factual aspects to be investigated into by the Investigating Officer during the course of investigation including the allegations made by the 2nd respondent in the complaint dated 22.02.2022.

Learned Public Prosecutor on instructions would submit that the Investigating Officer has already recorded the statements of five witnesses and the punishment prescribed for the offence alleged against the petitioner herein is below seven years.

In view of the above discussion, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.106 of 2022, pending on the file of Shankerpalli Police Station, Cyberabad, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. Till completion of investigation and filing of final report, the Investigating Officer is further directed not to arrest the petitioner herein/A-4. However, the petitioner shall cooperate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

Miscellaneous Petitions, if any, pending, shall also stand closed.