AHMED MOOSA Vs. INSPECTOR OF POLICE JAGTIAL

JUDGEMENT

(1.) This petition under Section 482 of Cr.PC has been filed for quashing the First Information Report and proceedings in Cr. No. 44 of 1999 of Jagitial Town P.S. lodged in the Court of the Judicial First Class Magistrate, Jagitial.

(2.) The relevant facts may be stated briefly as follows: The de facto complainant - respondent No.3 herein, which is a firm by name Vishnu Sai Finance, advanced a loan of Rs.2 lakhs to petitioner No.1-Ahmed Moosa, another sum of Rs.2,50,000/- to petitioner No2-Mohd. Baquar Hussain and another sum of Rs. 2,50,000/- to petitioner No.3 Mohd Zakir Hussain on 29-1-1996 from their Finance Company. By way of security for this loan, the petitioners herein had mortgaged their land in Survey Nos.803 to the extent of 63 guntas situated at Shivar Boonakkal of Karimnagar Town under a registered mortgage deed and agreed to pay the loan amount within two years. Inspite of lapse of three years as on the date of complaint, namely, 20-2-1999, the petitioners have not made any repayment and avoided payment on one pretext or other. Petitioner No.2 shifted to Hyderabad and the partners of the de facto complainant had to make repeated tours to Hyderabad to collect the amount. Subsequently, the mortgaged land was sold away by the petitioners in favour of one Penti Laxmi Narayana, Yelgandla Satya Narayana and Swargam Mallesham on 14-10-1998. On seeing a paper publication in respect of this sale transaction, the partners of the Finance Company went to petitioner No.1. The petitioners told that they disposed of the land for payment of their loan and promised to pay back the amount due to them. They told that they will pay the amount to them and get the mortgage released and thereafter will execute a registered sale deed in favour of the intending purchasers. But the petitioners did not pay any amount to them even after the sale of the said land, even though they have obtained Rs.3,75,000-00 from the purchasers. It was, therefore, requested to see that the repayment of the loan was affected with interest. On this complaint First Information Report was issued for an offence under Section 420 IPC by the concerned police. It is this FIR and further proceedings in pursuance of the FIR which are sought to be quashed.

(3.) It is stated that the respondents are seeking to recover the loan amount by illegally taking the help of the police, who under threat are seeking to recover the amount payable to the respondent No. 3. It is stated that similar tactics were adopted by the respondent No. 3 for recovering the loan amount from the petitioners 2 and 3 by sending the police personnel to their houses and by threatening them and calling them to the police station Jagitial Town. The petitioner No.1 in the above circumstances filed WP No.3679 of 1999 against the respondents 1 to 3 for a direction not to interfere with the liberties of the petitioners, otherwise than in due course of law. This writ petition came up for hearing on 22-2-1999 and the Government Pleader took time and thereafter it was not listed. After filing of this writ petition the police Jagitial registered the said FIR in Cr. No. 44 of 1999 for an offence under Section 420 IPC.