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2023 (4) TMI 647 - HC - Indian LawsUnlawful actions of the committee members and Jubilee Hills Cooperative House Building Society in respect of sale deed No.2675 of 2020 and Gift deed No.26BB of 2020 - the accused had transferred the property in the name of A7, thereby committed offences of cheating, breach of trust, impersonation and also evading income tax - HELD THAT:- Time and again, this Court and the Hon'ble Supreme Court has found that summoning a person as accused to face criminal trial is a serious step taken by the criminal Court and such summoning can only be done when the Magistrate finds on the basis of facts that the ingredients of the offence alleged are prima facie made out. For the said reason, cognizance order bereft of proper reasoning is liable to be set aside and accordingly set aside. The findings of the police during the course of investigation reflect the role of Ch.Sirisha in filing W.P.No.16087 of 200Z aggrieved by the direction of Registrar of Cooperative Societies not to transfer the property and succeeded. Further, the inspection of site by the Society employees and Ch. Sirisha for illegal encroachments was subject matter of Crime No.91 of 2020. The said cases were suppressed and not stated either in the complaint or the protest petition or in the statement made by Sri B.Ravindranath before the Court. There is a clear suppression of facts in the proceedings at the time of filing both criminal complaint and also the subsequent Protest petition filed by B. Rarvindranath ,on behalf of the Society. Suppression of material facts is a ground for disallowing criminal prosecution. Parties cannot come to Criminal Courts with unclean hands and prosecute a person criminally by suppressing material facts. In such an event, this Court under the inherent powers will not hesitate to quash the criminal proceedings. The complaint was in fact made by the society and the earlier Secretary B.Ravindranath has filed both the complaint and also the protest petition on behalf of the society. The society has now new committee members and it was unanimously resolved that there was no authorization to B. Ravindranath to file the criminal case representing the Society. As such, it was resolved unanimously by the Committee that the launching of prosecution against the petitioners was without any authority and steps have to be taken by the society for withdrawal of the prosecution against these petitioners and appointed the present General Secretary K.Rajeshwar Rao to act on behalf of the society, which is Jubilee Hills Society Limited. The property is that of the society and the society itself represented by its members are not inclined to prosecute the case stating that the Society is not aggrieved. Further no authority was given by the society to B.Ravindranath to lodge the compliant. Criminal Courts are not arenas to fight out personal disputes and wreak vengeance - The Society is having no grievance of the transaction in registering the plot to Ch. Sirisha and when it is found during investigation that the allegations made by B. Ravindranath of impersonation and cheating were found to be false, the proceedings before the trial Court, both on facts and law, cannot be permitted to continue. The proceedings against petitioners/A1 to A3 in Criminal Petition No.545 of 2023 and petitioner / A9 in Criminal Petition No.439 of 2023 in C.C.No.6229 of 2022 on the file of XVII Additional Chief Metroplitan Magistrate, Hyderabad are hereby quashed - Criminal petition allowed.
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