TaxTMI 
TaxTMI 
TaxTMI 
2022 (12) TMI 1482
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....at Hyderabad dated 1 st of June, 2021 in Criminal Petition No. 4687 of 2020 by which the High Court declined to quash the criminal proceedings instituted against the appellant herein at the instance of the respondent No. 2 (original complainant) and accordingly rejected the application filed by the appellant herein under Section 482 of the Code of Criminal Procedure (CrPC) for quashing of the proceedings. Factual Matrix 3. This litigation highlights one of the most perfunctory investigations at the hands of the police. The subject matter of this litigation is an open plot admeasuring 321 square yards situated at the village Nallagandla, District Ranga Reddy, State of Telangana. The respondent No. 2 herein (original complainant) claims to....
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....ed as a part of the criminal conspiracy hatched by the appellant herein in collusion with the other co-accused named above. 5. In such circumstances referred to above, the complainant lodged a complaint in the Court of the First Additional Junior Civil Judge-cum-XVI Additional Metropolitan Magistrate, Cyberabad at Rajenderanagar. The complaint came to be registered as Criminal Complaint No. 1029 of 2015 for the offences punishable under Sections 120-B, 420, 468 and 471 resply of the Indian Penal Code. The complaint was lodged in the Court on 24th of April, 2014. 6. It appears that the learned Magistrate thought fit to pass an order directing the police to undertake the investigation under Section 156(3) of the CrPC. The Sub-Inspector of P....
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....w there is a prima facie case against the appellant for being put to trial for the alleged offence. 10. Being dissatisfied with the impugned order passed by the High Court rejecting the quashing application filed by the appellant, the appellant is here before this Court with the present appeal. Analysis 11. We have heard the learned counsel appearing for the respective parties and have also gone through the entire records. 12. As stated earlier, the police could be said to have made a mockery of the entire investigation. When it is the specific case of the original complainant that at no point of time he had executed the disputed sale deed dated 29.12.2010 and his signature on the disputed sale deed has been forged, then the first thin....
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....arapu for the sale consideration as shown in the sale deed on his own free will and volition and in the said sale deed, he attested the signature of the Vendor i.e. the original complainant. 14. It appears that the aforesaid aspects of the matter have been overlooked by the High Court. We are conscious of the fact that perfunctory investigation cannot be a ground either to quash the criminal proceedings or even to acquit the accused. We take notice of the fact that as on date the parties are before the Civil Court. The civil suit being the Original Suit No. 1343 of 2016 between the parties is pending wherein the contention of the complainant as a plaintiff is that no sale deed dated 29.12.2010 was executed, whereas the contention of the ap....
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....nd acknowledges that he has received the entire sale consideration of Rs. 24,08,000/- (Rupees Twenty Four Lakhs Eight Thousand Only), from the Vendee in the manner mentioned here under: (1). Rs. 24,08,000/- (Rupees Twenty Four Lakhs Eight Thousand Only) financed by the AXIS Bank Ltd. And the receipt of which sum the Vendor do hereby admit and acknowledge." Emphasis supplied] 16. It appears prima facie from the aforesaid that the purchaser (Vendee) might have obtained finance from AXIS Bank Ltd. for the purpose of purchasing the plot in question. The police should have investigated whether the amount of Rs. 24,08,000/- (Rupees Twenty Four Lakhs Eight Thousand Only) was paid by AXIS Bank Ltd. directly to the original complainant (r....