Nallabolu Vigneshwar Reddy v. The State Of Telagana,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.36577 OF 2016 ORDER:

The present writ petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking to quash FIR No.889 of 2016 of Hayathnagar Police Station, Hyderabad.

Heard and perused the material available on record. It is stated in the affidavit that the 3rd respondent filed private complaint before the VII Metropolitan Magistrate at Hyderabad, stating that he purchased an extent of Acs.9.34 guntas of land from the 2nd petitioner for a sale consideration of Rs.1,24,83,917/ - and paid Rs.25,00,000/ - as advance on the date of agreement of sale. Thereafter, he came to know that the petitioners have already entered into an agreement of sale with one Muppala Sambasiva Rao in the year 2011 and petitioners 1 and 2 also gave a paper publication that they lost the original sale deed of the said land and by suppressing all these facts, they entered into an agreement of sale with him and when he asked about the same, the petitioners threatened him with dire consequences.

The said compliant was forwarded to the 2nd respondent and basing on the same, the above crime was registered for the offences under Sections 420 & 506 IPC. The main grievance of the petitioners is that the 2nd respondent did not conduct any enquiry and did not issue any notice to them and that he is trying to arrest them without following due process of law.

The learned Assistant Government Pleader submitted that on the basis of the complaint, a case was registered against the petitioners and

the respondents are investigating into the matter in accordance with law.

Considering the facts and circumstances of the case and the grievance of the petitioners, without expressing any opinion on merits, 2nd respondent is directed to complete the investigation in Crime No.889 of 2016, and file a final report, in accordance with law in either way, without arresting the petitioners. The petitioners are also directed to appear before the investigating officer concerned, as and when required for the purpose of investigation.

With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_____________ RAJA ELANGO, J October 28, 2016 KTL