MOHD. AKBER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Since the issue involved in both the criminal petitions is one and the same, they are being heard and disposed of together by way of this common order.

(2.) These Criminal Petitions are filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners/accused Nos.1, 2, 4, 5, 6, 9, 10, 11, 12 and 13 in Crime No.99 of 2015 of Mir Chowk Police Station, Hyderabad, registered for the offences punishable under Ss. 468, 471, 420, 506, 120(B) read with Sec. 34 of the Indian Penal Code, 1860 (for short 'I.P.C.') and 156 (3) of Cr.P.C.

(3.) The brief facts of the cases are that respondent No.2/de facto complainant, who is one and the same in both the cases, filed a private complaint under Sec. 200 of Cr.P.C before the learned VIII Additional Chief Metropolitan Magistrate, Hyderabad stating that he is the absolute owner and possessor of the house bearing No.12/2/64, admeasuring 152.9 square yards, situated at Muradnagar, Hyderabad. He purchased the said property by virtue of registered sale deed for a valuable sale consideration from its owners. On 18/12/2012, when accused Nos.1 to 3 approached respondent No.2 and offered to purchase the said property at a low price, the same was refused by him, as such, accused Nos.1 to 3 interfered with the possession in and over the property. Due to which, respondent No.2 filed a civil suit vide O.S.No.2941 of 2012 before the learned IX Junior Civil Judge, City Civil Court, Hyderabad with all original documents and the Court below granted interim injunction in his favour. Later, the accused violated the orders of the Court below and dispossessed respondent No.2 and beat them, as a result, respondent No.2 and his brother sustained injuries. Thereafter, accused Nos.1 to 3 with the help of anti social elements trespassed into the subject premises, for which, respondent No.2 lodged a complaint before the Asifnagar Police Station and the same was registered as Crime No.56 of 2013 against accused Nos.1, 2, 6, 7 and 13 and the same was numbered as C.C.No.582 of 2013.