JITHENDRA K MEHTA Vs. STATE

JUDGEMENT

(1.) Criminal Petition Nos.3124 and 3125 of 1999 arise out of the same proceedings and transactions and as such they have been heard together and common order has been passed.

(2.) Criminal Petition No.3124 of 1999 has been filed under Section 482 of Criminal Procedure Code seeking to quash the proceedings in Crime No.220 of 1998 of Banjara Hills Police Station, Hyderabad registered against the petitioner for the offences under Sections 427 and 447 of IPC.

(3.) The facts leading to registering of FIR against the petitioner as stated in the petition may be narrated as follows: One Smt. Rani Jayanthi wife of Raja Dhaaram Koran was the absolute owner of the property bearing municipal No.8-2-547 situated at Road No.7, Banjara Hills, Hyderabad. As the property fell in the ambit of Urban Land (Ceiling and Regulation) Act, 1976, she filed a declaration under the said Act. During the ceiling proceedings, the said Rani Jayanthi died on 12-12-1979 leaving her heirs including sons and daughters. They filed a declaration before the Special Officer and Competent Authority, Hyderabad stating that the said Jayanthi Rani bequeathed her entire property to her grandchildren and to her great grandchildren and they have no right whatsoever over the property. The great grandchildren and grandchildren of Smt. Rani Jayanthi including the children of Gulab Kishorie, one of the daughters of the original owner participated in the ceiling proceedings. After enquiry, the Special Officer, Urban Land Ceiling, Hyderabad declared an extent of 797.38 square meters as surplus land. One smt. Asthana, the daughter of Rani Jayanthi who represented some of the grandchildren of said Jayanthi Rani tried to surrender the surplus land out of the portion which is under the control of the petitioner. Subsequently, the said proceedings were dropped.