K. SATYANARAYANA REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel Mr. Sourjya Das for petitioner and learned Assistant Government Pleader for Home.

(2.) According to the petitioner, he and his brother are absolute owners of land admeasuring Acs.4.00 guntas of land in Sy.No.69, Old Bowenpally, Secunderabad. His father Sri K.Nagireddy, with an intention to develop the property, has converted the said land into house plots by obtaining permission from the Gram Panchayat. His father executed two separate development agreements-cum-General Power of Attorney on 30.09.1998 with Sri Gundluru Srinivas for construction of duplex houses over the plots mentioned in the agreement. Alleging that developer is acting against the interest of the owners of the property, petitioner and his brother cancelled the development agreement by way of registered document. Petitioner alleges that Sri G.Srinivas created false and fabricated documents in respect of the subject plots and started alienating part of the property without the consent and knowledge of the petitioner, even though General Power of Attorney-cum-development agreement was cancelled. Petitioner further alleges that two employees of Corporation Bank, i.e., Rajendra Prasad and Swapan Kumar Chakravarthi, colluded with Sri G.Srinivas, sanctioned housing loan at the instance of G.Srinivas without verifying the documents of title. Petitioner further alleges that these three persons created and fabricated documents and executed sale deeds, in order to cheat the petitioner and sold away several plots.

(3.) Petitioner lodged complaints in the Old Bowenpally Police Station. As the complaints were not received and registered by the Police, petitioner filed private complaints. On a reference, based on the complaints filed by the petitioner, several crimes were registered including Crime No.42 of 2010 showing three persons as accused nos.1 to 3 under Sections 406, 420, 465, 468, 471 and 120-B of IPC. It appears, earlier Crime No.470 of 2009 was registered on 14.12.2009 against these three persons under the very same provisions of law. After completing the investigation, Police have filed charge sheets in all the crimes. However, as accused Nos.2 and 3 i.e, Rajendra Prasad and Swapan Kumar Chakravarthi, could not be traced and their whereabouts were not known, charge sheet was filed only against accused No.1 by stating that whenever they are arrested supplementary charge sheet would be filed against them. The trial Court took cognizance of all the crimes and registered the cases as Calendar Case Nos.1029, 1036, 1035, 1031, 1034, 1032 and 1030 of 2011. Challenging the proceedings in Calendar Cases mentioned above, accused No.1, Sri G.Srinivas filed Criminal Petition Nos.13308, 13009, 13011, 13078, 13079, 13080 and 13181 of 2011 praying to quash the said proceedings against him. C.C.No.1032 of 2011 is against Crime No.42 of 2010. In Crl.M.P.No.14887 of 2011 in Crl.Petition No.13080 of 2011, by order dated 05.12.2011, this Court stayed all further proceedings in C.C.No.1032 of 2011. By judgment dated 01.11.2018, this Court allowed all the Criminal Petitions quashing the criminal cases against G.Srinivas, including C.C.No.1032 of 2011.