N. SUREKHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. - 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') to quash the proceedings in C.C.No.3159 of 2020 pending on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad. The petitioners herein are A.2 and A.3 in the said case. The offences alleged against them are under Sec. s 406, 420, 425, 465, 471 and 506 read with 120(B) of IPC.

(2.) Heard Sri D.Bhasker Reddy, learned counsel for the petitioners and Sri K.R.Koteshwar Rao, learned counsel appearing for 2nd respondent and learned Asst. Public Prosecutor for the 1st respondent " State. Perused the record.

(3.) As per the charge sheet, the allegations leveled against the petitioners herein are that the father of the 2nd respondent i.e. L.W.1 GPA holder of the 2nd respondent had purchased two plots i.e. 5 and 6 of admeasuring 500 sq.yards in Sy.No.10 situated at Bowenpally, Secunderabad cantonment under registered sale deed vide Doc.No.1706 of 1997, dtd. 28/11/1997 from Sneha Co-operative Housing Society represented by its President K.Manohar Reddy/A.1. Since then, he was in possession of the said property. The 2nd respondent was minor at that particular point of time and he was prosecuting his studies. L.W.1 was also too busy in view of his avocation. L.W.1 requested his friend A.1 to look after his property so that it can be safe from encroachments. Taking advantage of the same, A.1 has allowed K.Jayarami Reddy, to set up business in the name of Pioneer Fabrications without consent of L.W.1. When L.W.1 requested the said K. Jayarami Reddy to vacate the premises, he started giving lame excuses. Therefore, the 2nd respondent, after attaining majority, had filed a suit vide O.S.No.68 of 2013 against said K. Jayarami Reddy, A.1, the petitioners herein and other accused for declaration of title and for possession of the property. The said suit is pending.