LAWS(TLNG)-2020-3-23

K. NAVEEN REDDY Vs. STATE OF TELANGANA

Decided On March 10, 2020
K. Naveen Reddy Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Criminal Petition is filed, under Section 482 of Cr.P.C., seeking a direction to the Commissioner and Inspector General, Registration and Stamps, Hyderabad, to defreeze the property covered under document No.9374/2017 dated 16.12.2017 shown at Sl.No.2 in the list of properties.

(2.) Brief facts of the case are that on a written complaint filed by the Commercial Tax Officer, Bodhan Circle, Nizamabad District, the Inspector of Police, Bodhan Police Station, registered a case in Crime No.52 of 2017 against one S.L.Shiva Raj (A-1), S.V.Sunil (A-2), Hanuman Singh (A-3), Venugopal Swamy (A-4) and R.D.Vijaya Krishna (A-5) for the offences punishable under Sections 406, 420, 468 read with Section 34 of I.P.C. It is alleged that A-1 is a Tax Consultant and A-2 is the son of A-1 and they are the main persons involved in the scam of bogus challans with the active connivance of some of the officials of Bodhan Circle. It is further alleged that the accused created forged challans on behalf of the dealers who had to pay their taxes and conveniently mixed them along with the genuine challans and credited to the other dealers who resorted to fraudulent means to avoid payment of tax. Subsequently, they managed the staff of Commercial Tax Office, Bodhan Circle and entered the full amount to the genuine dealer and also payment to the fraudulent dealers, thereby caused huge loss to the State exchequer. They also used to append the stamps of the Office of Commercial Tax Office, Treasury Office and the State Bank of Hyderabad along with the signatures. They also created forged challans without actual payment by the concerned dealers and cheated the Government. Thereafter, the case has been transferred to C.I.D., Hyderabad and the same is pending investigation.

(3.) While the things stood thus, the Superintendent of Police, C.I.D., filed Crl.M.P.No.908 of 2018 before the Additional Judicial Magistrate of First Class, Nizamabad, seeking a direction to the Commissioner and Inspector General, Registration and Stamps, Hyderabad, to freeze further registrations on the immovable properties belonging to A-1 and A-2. By order, dated 19.05.2018, the learned Magistrate allowed the said petition and addressed a letter, on 21.05.2018, to Commissioner and Inspector General, Registration and Stamps, Hyderabad, directing him to freeze further registrations on the immovable properties belonging to A-1, his wife S.Suryakala and his son (A-2) for the purpose of further investigation.