Y MADHUSUDHAN RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed by the accused under Section 482 Cr.P.C for quashing proceedings in CC No.408/2006 on the File of Chief Metropolitan Magistrate, Hyderabad relating to offences punishable under Sections 447, 420, 406 I.P.C and Section 86 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (in short, the Endowments Act),

(2.) Subject-matter of the case is property which is stated to belong to Patala Hanuman Temple in Bondalguda of Bahadurpura, Hyderabad. There is no dispute that the temple is located in 650 Sq. yards of site out of S.No.8 and TS No,30. According to the Endowments department, as per their books and files, land of 5,566 Sq. yards in TS No.30, Block-F, Ward No.239 of Bondalaguda Village and Bahadurpura Mandal is registered in the temple's name. The petitioner claims to be owner of the temple on the ground that it is a private temple founded by their ancestors. The petitioner filed OS No.3613/1982 in civil Court and further filed AS No.49/1989 in the appellate civil Court and felled. Thereupon, the petitioner filed OA No.30/1999 before the Deputy Commissioner of Endowments, Hyderabad under Section 87 of the Endowments Act to declare the temple as one which is not a public religious temple, but is a private temple belonging to the petitioner's family. The said O.A is pending,

(3.) While so, one Madhukar Rao @ Srinivasa Rao Rajendra executed agreement for sale-cum-general power of attorney without possession dated 1.11.2004 in favour of the petitioner in respect of part of house bearing Municipal No.19-1-873 in S.No.8 and TS No.30 measuring 100 Sq. yards. Secondly, the same Madhukar Rao @ Srinivasa Rao Rajendra executed registered general power of attorney deed in favour of the petitioner on 29.10.2004 in respect of land measuring 3,781.11 sq. yards in survey No.8 corresponding to TS No.30 for the purpose of filing cases in Courts, resist cases tiled by others over this land, compromise or refer to arbitration or to sign, execute, verify and file plaint, written statement, applications and to give police complaints etc. It is specifically stated therein that the petitioner shall not have power to execute sale deeds or other deeds or development agreements etc. Basing on these two documents, the Endowments department became alert and launched the present criminal proceedings against the petitioner.