E.BHOOPAL REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Criminal Petition, is filed seeking to quash the proceedings in C.C. No. 94 of 2016 on the file of the learned XIII Metropolitan Magistrate, Cyberabad, Rangareddy District at L.B.Nagar (Presently IV Metropolitan Magistrate, Cyberabad, Rangareddy District at L.B. Nagar) against the petitioner/A1, for the offences under Ss. 420, 465, 471 r/w 34 of the Indian Penal Code, 1860 (for short the 'IPC').

(2.) Respondent No.2 filed private complaint on 12/5/2015 alleging that he is the absolute owner and possessor of plots bearing Nos.237, 238, 254, 255 and 256 situated in Sy. Nos.36 part of Pocharam Village, Ghatkesar Mandal, Rangareddy District (hereinafter referred to as 'subject property') having purchased the same from T. Venkata Lakshmi on 16/5/2005 and registered before the Sub Registrar, Ghatkesar Mandal, Rangareddy District. Later it was found that someone else was claiming the ownership of some of the plots. After verification, he came to know that the accused herein were falsely claiming the plots on the basis of fabricated documents.

(3.) Earlier to filing the private complaint, the defacto complainant/respondent No.2/Dr.David Solomen deposed before the XIII Metropolitan Magistrate, Cyberabad as P.W.3 in C.C. No.416 of 2014 and the same facts are stated in complaint. One month later i.e., on 12/5/2015 the complaint was filed reiterating the same facts about the plots which he has purchased. He further stated that the said plots were mortgaged with Lakshmi Vilas Bank, Ameerpet. He came to know that 1988-89 itself, all the plots were sold to different people.