Sri. Mettupally Santhosh Reddy v. The State Of Telangana

HON'BLE SRI JUSTI CE A.V.SESHA SAI W .P.No.3 9 3 3 9 of 2 0 1 8 ORDER: - When the matter is taken up, the written instructions furnished by the Inspector of Police, Kukatpally Police Station, Cyberabad, dated 30.10.2018, are placed on record by the learned Government Pleader. The said instructions read as under: - "It is submitted that the petitioner herein lodged private complaint under Section 200 Cr.P.C.,, before the Hon'ble IXX Metropolitan Magistrate, Kukatpally, against the accused (A1 to A4). Upon receipt of the same from the Court, a case was registered in Cr.No.258 of 2017, dated 07.04.2017, for the offences under Sections 387, 420, 506 and 120 (b) of I.P.C., and Section 156 (3) Cr.P.C.,, against A1 to A4 on the file of Kukatpally Police Station, Cyberabad and investigation has been taken up.

The sum and substance of the complaint are that the complainant purchased land admeasuring Sq.Yds., situated at Kukatpally, Hyderabad, from A.1 and A.1 purchased the said land from A3 and A.4. Both the complainant and A.1 entered into agreement of sale and the complainant paid total consideration of Rs.16 lakhs to A.1 and A.1 registered the sale deed in favour of the complainant vide document No.7561/ 2016, dated 06.07.2016. Thereon, A.1 along with his father A.2 misguided the complainant by showing the vacant, physical and peaceful possession. Later, the complainant came to know that the said land is under dispute between K.B.S.Shivaji and Bathula.

Jeevan Prasad Vs.Government. The accused in collusion with each other received huge amount, deceived and cheated the complainant.

It is submitted that during the course of investigation, the Investigating Officer examined five witnesses and recorded their detailed statements and

issued notice under Section Cr.P.C., to the complainant on 10.08.2017, asking to submit relevant document for the purpose of investigation.

It is submitted that notice under Section 41-A Cr.P.C., was issued to A.1 on 19.12.2017. It is submitted that A.1 and A.2 obtained anticipatory bail on 09.02.2018 in Crl.m.p.No.219/ 2018 on the file of XV Additional Sessions Judge, Ranga Reddy District, Kukatpally. It is submitted that the investigating officer made a requisition to the Sub-Registrar Office, Kukatpally, requesting to furnish certified copy of document and the same is awaited. After obtaining relevant documents and examination of some more witnesses, the investigation will be finalized.

It is submitted that the investigating officer conducting the investigation in an impartial and sincere manner and the investigation will be finalized as expeditiously as possible.

It is submitted that the contention of the petitioner that the investigating officer not conducting the investigation in Cr.No.258/ 2017 dated 07.04.2017 for the offences under Sections 387, 420, 506, 120(b) I.P.C., and Section 156(3) Cr.P.C., is incorrect and baseless." Accordingly, the Writ Petition is disposed of, by placing on record the said instructions furnished by the Inspector of Police, Kukatpally Police Station, Cyberabad, dated 30.10.2018, with a further direction to the respondents to complete the investigation and file the final report, as expeditiously as possible, before the concerned Court.

Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.Sesh a Sai, J Date: 15.11.2018 smr