CHULAM MURTAZA SIDDIQUI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of CrPC by the petitioner, who is accused no. 1, praying to the court to quash C.C. No. 29 of 2018, pending on the file of the XVI Chief Metropolitan Magistrate, Hyderabad, which is registered against him, along with accused nos. 2 and 3, for the offences under Ss. 420, 379, 406, and 506 read with 34 of IPC.

(2.) The XVI Addl. Chief Metropolitan Magistrate took cognizance of the offences against the petitioner/accused no. 1 under Ss. 420, 379, 406, and 506 read with 34 of IPC, based on the private complaint filed by respondent no.2/complainant against accused nos. 1 to 3 on 8/11/2017. Prior to the filing of the private complaint, respondent no. 2 had also filed a complaint with the SHO, Shahalibanda P.S., and the police issued an acknowledgement of receipt of the complaint on 25/11/2015.

(3.) In the private complaint, according to respondent no. 2, the petitioner is the Muttawalli of Dargah Hazarath Miskin Shah Sahib, Masjid-e-Almas, situated at Adilabad, Hyderabad. The father of respondent no. 2 was a Hakim (Unani Physician) by profession and used to run the clinic by providing Ayurvedic medicine in Mulgi No. 1, bearing No. 20/6/620, situated at Dargah Miskin Shah Sahib, Masjid-e-Almas, as a tenant since 1969, and had been paying the rent regularly. It is further mentioned in the complaint that in the year 1999, due to the old age of respondent no. 2's father, the tenancy of the aforesaid Mulgi was transferred in respondent no. 2's name by the uncle of the petitioner, who was then the Muttawalli of the said Dargah. Since then, respondent no. 2 has been paying the rent, and the Muttawalli was issuing receipts for the payments. The father of respondent no. 2 died on 18/12/2012, and after his demise, respondentno. 2, being a Unani Doctor (BUMS) himself, used to store Unani medicines in the said Mulgi.