SYED ABDUL KHADER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal petition is filed by the petitioners - A2 to A5 under Sec. 482 Cr.P.C. to quash the proceedings against them in CC No.813 of 2014 on the file of II Metropolitan Magistrate, L.B. Nagar, Ranga Reddy District.

(2.) The case of the petitioners in brief was that the 2nd respondent filed a private complaint before the II Metropolitan Magistrate, L.B. Nagar, Ranga Reddy District which was referred to Meerpet Police, registered as Crime No.190 of 2013 for the offences under Ss. 379, 447 and 120-B IPC and the police, after investigation filed a final report referring the case as 'lack of evidence '. Aggrieved by the same, the 2nd respondent filed a protest petition and the court, after recording the sworn statement of the 2nd respondent, had taken cognizance of the offences and registered the case as CC No.813 of 2014 and issued summons to the petitioners.

(3.) The case of the 2nd respondent as per the private compliant and the sworn statement recorded by the court below was that A1 was the owner of two shops in plot No.33, Jillelaguda, Shakthi Nagar, Saroornagar Mandal, Ranga Reddy District and he let out the shops to the 2nd respondent. The oral agreement between them was reduced into writing on 5/11/2007. The 2nd respondent gave an advance of Rs.1,00,000.00. The accused let out two shops, two rooms and a shed in plot No.33 on a monthly rent of Rs.1,000.00 from 1/12/2007. A1 assured the 2nd respondent that he would provide water and drainage line within three months from the date of tenancy. Several times the 2nd respondent requested A1 to provide Municipal door number, but A1 dodged the matter and threatened the 2nd respondent to vacate the premises. Then the 2nd respondent filed an injunction suit against A1 before the II Additional Junior Civil Judge, Ranga Reddy District vide O.S No.5 of 2009. A1 filed his written statement. The said suit was dismissed by the court on 22/1/2013. The 2nd respondent went to Mumbai on 2/2/2013 to attend the funeral of his brother. When he returned to Hyderabad and went to open the shop, he found the lock of the shop broken and costly motor vehicle parts to a tune of Rs.10,00,000.00 and cash of Rs.3,000.00 was missing. He immediately, went to Meerpet Police Station to lodge a complaint. To his utter surprise, he found A1 in the police station, who threatened him that if he did not vacate the shops, he would file SC and ST case against him.