LAWS(TLNG)-2024-2-123

SK.MOHIUDDIN AHMED Vs. STATE OF TELANGANA

Decided On February 22, 2024
Sk.Mohiuddin Ahmed Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner-accused No.1 to quash the proceedings in C.C.No.1826 of 2022, dtd. 29/7/2022 on the file of the learned X Additional Chief Metropolitan Magistrate at Secunderabad, for the offences punishable under Ss. 447 and 427 of Indian Penal Code.

(2.) The brief facts of the case are that the petitioner is the owner and possessor of the property bearing Flat No.404, fourth floor of Sreeman Seetaiah Residency, having plinth area of 910.00 Square Feet, including common areas and car parking space along with agreed undivided share of land admeasuring 25.00 Square Yards. He purchased the same through Registered Sale Deed dtd. 10/2/2022 vide Doc.No.306 of 2022. Respondent No.3 is the resident of Flat No.104 which is an another flat in the same complex i.e., Sreeman Seetaiah Residency. The allegations leveled by respondent No.3 against the petitioner are that on 29/7/2022 the petitioner with the help of two others had broken the wind screen of his car and shifted it from the parking place, parked it near compound wall. Thereafter, the petitioner parked his own Car in the parking place of the respondents. Basing on the said complaint the Police registered a case in Crime No.585 of 2022 against the petitioner, for the offences punishable under Ss. 447 and 427 of I.P.C. After completing the investigation, a charge sheet was filed, and the same was numbered as C.C.No.1826 of 2022, pending on the file of the learned X Additional Chief Metropolitan Magistrate at Secunderabad.

(3.) Heard Sri Mohd. Sarshar Ahmed, learned counsel for the petitioner and Sri S. Ganesh, learned Additional Public Prosecutor for respondent Nos.1 and 2 and Sri Sanjeev Gilella, learned counsel for respondent No.3.