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High Court for State of TelanganaWP/35636/2016disposed of no costs

Anabathula Sudhakar Rao, v. The State Of Telangana, Rep., By Its Principal Secretary,

2016-10-21Raja Elango2 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35636 of 2016 ORDER:

This writ petition is filed seeking to call for the records pertaining to Crime No.307 of 2016, dated 02.10.2016, under Sections 420, 468, 471 read with 34 IPC, Kodad (R) Police Station, Kodad Town & Mandal, Suryapet District, registered by the 4th respondent basing on false complaint filed by the 5th respondent against the petitioners/A-1 to A-3 as illegal and arbitrary. Heard and perused the material available on record. The case of the petitioners is that the 5th respondent lodged the present complaint alleging that the 5th respondent purchased the agriculture land to a total extent of Ac. 2.04 guntas, which was purchased from M.

Muthamma through registered sale deed in the year 2012 itself and that the present complaint is filed by the 5th respondent with mala fide intention to settle out his illegal and unfair demands with the 1st petitioner/A-1 and that the present crime was registered only due to the political rivalry in the village and all the allegations made in the complaint pertain to the year 2012 itself and that earlier, the 1st petitioner/A-1 filed a complaint against the 5th respondent for having trespassed and damaged the land of the petitioner/A-1 and the same was registered as Crime No.180 of 2016, dated 27.06.2016, under Sections 447, 427 read with 34 IPC against the 5th respondent.

Learned counsel for the petitioners submitted that the 5th respondent, who lodged the present complaint, is also figured as an accused in the earlier complaint filed by the 1st petitioner in Crime No.180 of 2016.

Having regard to the facts and circumstances of the case and the submissions of the learned counsel for the petitioner, it is evident that case and counter case are pending between the petitioners and the 5th respondent. Considering the same, the 4th respondent is directed to complete the investigation in Crime No.307 of 2016, as expeditiously as possible and file a final report, if any, either way in accordance with law.

Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ RAJA ELANGO, J Date: 21st October, 2016 KL