(1.) The de-facto complainant in Crime No.1020 of 2016 on the file of Banjara Hills Police Station, Hyderabad, filed the present criminal petition under Section 439(2) Cr.P.C , 1973r/w Section 482 Cr.P.C, 1973 claiming multiple reliefs viz., to set-aside/quash/cancel the order passed by the IV Additional Metropolitan Sessions Judge, Hyderabad, In-Charge Additional Metropolitan Sessions Judge for Trail of Communal Offices Cases-cum-VII Additional Metropolitan Sessions Judge, Hyderabad dated 05.12.2017, granting anticipatory bail to Respondent No.2/Accused No.11 passed under Section 438 Crl.P.C in Crl.M.P.No.3726 of 2017 in the above crime, registered for the offences punishable under Sections 420, 468, 471 r/w Section 34 and 120B of IPC.
(2.) The petitioner/de-facto complainant lodged a complaint with the police on 16.11.2016 making serious allegations against the second respondent for committing fraud along with the other accused and creating documents or fabricating documents in pursuance of the conspiracy between the second respondent/A-11 and the other accused.
(3.) The main allegations made in the complaint are that the land in S.No. 129/30 (old) corresponds to R.S.No. 340 correlating to T.S.No. 22, Block K, Ward 12, Shaikpet village, Road No.12,Banjara Hills, Hyderabad, originally belongs to Abdullah Pasha, to whom the surfekhase authorities allotted the said land on payment of money, who in turn gifted the above land to one Shaik Abdullah in the year 1342 F which was under Mohammadan law, the same was confirmed in writing and the said document of confirmation of oral gift was submitted to the then Revenue authority for mutation in File No. 112/13 of 1342 F dated 12th Behman 1342 Fasli and his name has been recommended for mutation as per order in the said file. The said Shaik Abdullah in turn sold the above property by registered sale deed dated 28-12-1964 vide document No. 2357 of 1964 to one Shaik Ahmed Amoodi, Shaik Ahmed Amoodi, being in possession sold the said property by registered sale deed, bearing document No. 420 of 1966 dated 25-2-1966, to one V.V.Rao, E.Shankaramma, M.Bhujanga Rao and Smt. Kishori Bhujanga Rao. Out of them three of them sold their extents by executing registered sale deeds i.e. Sri Bhujanga Rao sold his share of 4,000 Sq. yds. vide document No. 1823 of 1967 dated 18-6-1967, Sri V.V.Rao the other Joint purchaser sold their share of 4,000 Sq. yards by registered sale deed bearing document No. 35 of 1968 dated 5-1-1968 and Smt. E.Shankaramma the other joint purchaser have sold only an extent of 2000 Sq, yds. from out of her share of 4,000 Sq. yds., vide document No. 1140 of 1968 dated 15-10-1968 by retaining 2,000 Sq. yds. All the above three person have sold 10,000 Sq. yds., to M/s Women's Cooperative Housing Society under the above said three registered sale deeds and delivered possession to the society. The society in-turn having purchased 10,000 sq.yds., obtained layout, vide permit No. 25/layout/8/70 from the Municipal Corporation of Hyderabad, allotted plots to its members, executed registered sale deeds in favour of its members in the year 1981 and delivered possession to its members. All the members are in possession of their respective plots. Smt. Kishori Bhujanga Rao retained her total extent of 4,000/- Sq. yds like E.Shankaramma, who retained 2,000 Sq. yards and they are in possession of their respective extents of land.
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