LAWS(TLNG)-2021-6-46

N. SHAMGAR Vs. STATE OF TELANGANA

Decided On June 18, 2021
N. Shamgar Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) The present Criminal Petition is filed by the petitioners/A-1, A-2 and A-9 under Section 482 of Cr.P.C., seeking to quash the proceedings initiated against them in Crime No.148 of 2015 of Subedari Police Station, Warangal Urban District, which was registered for the offences punishable under Sections 199, 406, 420, 423 and 506 read with Section 34 of I.P.C.

(2.) The brief facts of the case are as under:-

(3.) The 2nd respondent herein filed a private complaint before the IV Additional Judicial First Class Magistrate, Warangal, alleging that he is the absolute owner and possessor of the land admeasuring Ac.2.02 gts., (10,000 square yards), in Sy.No.55 (old) 292 (New), situated at Waddepally Village, Hanamkonda Mandal, Warangal District, having acquired the same along with other properties through registered sale deed bearing document No.7784 of 2011, dated 01.11.2011 from his vendor i.e., Central Excise Officers Cooperative Housing Society Limited, Hanamkonda, represented by its Secretary and since then he is enjoying the said property. It is further stated that the above sale deed is in compliance of the decree dated 16.08.2011 passed in O.S.No.133 of 1986 on the file of the Principal Senior Civil Judge, Warangal and while disposing of the said suit, the learned Senior Civil Judge, granted specific performance duly revising L.P.No.6/1975 with respect to some excess land. It is further alleged that A-1 to A-11 executed a sale deed dated 13.10.2014 in favour of A-12 by wrongly describing the schedule property as 12,100 square yards instead of 10,000 square yards and the said sale deed is sham, nominal, bogus, fictitious and inoperative and that their ancestor one Nalla Ramaswamy executed a registered sale deed on 07.12.1976 and the same is within the knowledge of the accused. It is also alleged that on 03.05.2015 the accused tried to occupy the land illegally, but the 2nd respondent resisted them with the assistance of his well wishers, for which the accused abused and threatened him with dire consequences. Since the police failed to register the complaint lodged by the 2nd respondent, he filed the above private complaint. The learned Magistrate referred the said private complaint to the police for investigation and report. Basing on such reference, a case in Crime No.148 of 2015 came to be registered by the Police, Subedari, for the offences punishable under Sections 199, 406, 420, 423 and 506 read with Section 34 of I.P.C. Hence, the present Criminal Petition is filed seeking quashing of the proceedings in the above crime.