N RAMAKRISHNA REDDY Vs. N DWARAKA SINGH

JUDGEMENT

(1.) This is a petition filed under S. 482 of the Code of Criminal Procedure by the accused in C.C. 202 of 1992 on the file of the XV Metropolitan Magistrate, Hyderabad requesting that the order of the XV Metropolitan Magistrate, Hyderabad, dated 26-6-1992 taking cognizance of the private complaint filed by the 1st respondent (complainant) in C.C. No. 202 of 1992, on his file may be quashed.

(2.) A private complaint has been filed by the 1st respondent herein (complainant) against the petitioners (accused 1 and 2) for offences under Section 467 of the Indian Penal Code with the following allegations :- The complainant and M. Gopal Singh, M. Dilip Singh, M. Vinod Singh, and M. Vikram Singh (LWs 1 to 4) are the absolute owners of land in Survey Nos. 169, 170, 172, 173, 190 and 191 of Gaganmahal village, Hyderabad. All of them have entered into an agreement of sale with the Legislator's Co-operative Housing Society Limited represented by the then President on 14-12-1980. On 17-6-1992 the complainant received a letter from one M. Bal Reddy (LW 5) stating that the accused had filed petitions before the Deputy Registrar of Co-operative Societies (Housing), Basheerbagh, Hyderabad claiming that they had entered into an agreement with the complainant, LWs 1 to 4 and the President of the said Society. It is stated in the complainant that the complainant does not know who the accused persons are and that he and LWs 1 to 4 never entered into any agreement in respect of the above said land with any one except with the Legislator's Co-operative Housing Society Limited. It is the case of the complainant that the sale agreements were forged with an intention to claim 400 square yards of complainant's land, the value of which is around Rs. 2,000.00 per square yard, which comes to around Rs. 8 lakhs. The acts of accused 1 and 2 are deliberate and made with an intention to grab the valuable land of the complainant and in furtherance of their ill-motives they have produced the forged documents before the Registrar of Co-operative (Housing) Societies, Basheerbagh. It is further stated in the complaint that the complainant gave a complaint to the S.H.O., Saifabad P.S. but as the accused, being very influential, have managed the police and they have refused to entertain the complaint given by the complainant.

(3.) The case was taken on file by the XV Metropolitan Magistrate, under Section 467, I.P.C.