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High Court for State of TelanganaCRLP/11316/2015dismissed

M. Bala Vigneshwar v. The State Of Telangana,

2015-11-19Raja Elango2 pages

HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.11316 of 2015 O R D E R :

The petitioners, who are accused in Crime No.1011 of 2015 of Rajendra Nagar Police Station, R.R.District, registered for the offences punishable under Sections 417, 419, 420, 465, 467 and 468 I.P.C., filed this petition under Section 438 of Cr.P.C., seeking anticipatory bail.

The allegations as per the complaint are as follows : The wife of complainant late Smt.P.Sita Maha Lakshmi was the owner of plot No.120, admeasuring 300 Sq.Yards in Sridevi Cooperative Housing Building Society, situated at Kaden village, Rajendranagar Mandal, R.R. District and she never sold the plot to anybody. The complainant came to know that one M.Bala Vigenshwar created false and forged sale deed in his favour as he purchased the plot from wife of complainant on 23rd April, 2005 and the same was validated by the office of District Registrar, R.R.District on 27th March, 2015 vide file No.1359/AR/2015 without giving any notice to the vendor and neither photograph or thumb impression of the vendor was affixed and on the same day Bala Vigenshwar gifted the property to his wife Smt.Santoshi vide gift deed No.

5837/15 and she sold the plot to one Thakur Neeraj Singh on 06th April, 2015 vide Doc.No.4297/15 which was registered in the office of Joint Sub Registrar, Ranga Reddy at Moosapet, Hyderabad. The signatures of Smt.P.Sita Maha Lakshmi in sale deed are not tallying with her normal signature. Whenever she sold any plot, the complainant invariably signed as a witness, these forged documents does not have any signature of complainant as witness. Thereby the accused Bala Vigenshwar, his wife M.Santoshi and Thakur Neeraj Singh cheated the complainant by forged documents and impersonation.

It is evident from the complaint that petitioners herein with a criminal intention transferred the property, for which the wife of the de facto-complainant is the owner. The custodial interrogation of the petitioners is necessary. It is also necessary to obtain signatures and thumb impressions of petitioners. Hence, this Court is not inclined to grant anticipatory bail to petitioners.

Accordingly, the Criminal Petition is dismissed. ______________________ JUSTICE RAJA ELANGO 19th November, 2015 skmr