CRLP/2198/2009 of Udatha Prabhakar Vs The State of A.P., through S.H.O., on 30 December 2010

O R D E R:

This Criminal Petition is filed under section 482 Cr.P.C.seeking to quash CC.No. 388 of 2007 on the file of the Court of VIIMetropolitan Magistrate, Cyberabad at Hayathnagar and to pass suchother suitable orders as this Court may deems fit and proper in thecircumstances of the case.

2. The allegation against the petitioners as mentioned in theFIR is as follows :

Late Sri Busam Somasekhara Rao was purchased two houseplots Br.Nos. 76 and 77 in survey Nos. 58 admeasuring 534 sq.yardssituated at Nagarjuna colony of Kharmanghat village from the originalowner Sri KC Prakasha Rao in the year 1982 vide Doc.No. 3329/82 .Since then he enjoyed the peaceful possession of the plots till hisdeath on 09-4-1993, after his death his son-in-law (LW7) looking afterthe plots and the original land documents are with him, his elderdaughter got married with A-1 and stayed for some time with theirhouse, during that period in the year 2005, A-1 stolen the land papersand gave the same to A-2 and A-4 to sell the land. A1, A2 and A4planned to bring an imposter and sell the plots, as a part of theirconspiracy A-2 came to Hyderabad and met LW-3 who is a realestate broker and introduced him as Busam Somashekhar Rao’sgrand son and his name is Busam Harish and he offered to sell hisplots Br.Nos. 76 and 77 in survey no.58 at Nagarjuna colony andshown the plots. LWs 3 and 4 were introduced him to LW5 who isalso a real estate commission agent. They agreed to buy the same and gave an amount of Rs.20,000/- as token advance. Later theaccu7sed went to Nellore and he along with A-1, A-4, A-6 and A-7conspired together and engaged an old man Satyanarana (A3) fromVijayawada. When all of them came to Hyderabad for registration ofthe land, the purchasers were asked them about the identity proof ofthe old man, on that A-1, A-2 and A-4 were went back to Nellore andcreated fabricated photo identity card by using the photo of A-3 inplace of original Busam Soma Shekar Rao and affixed the originallogo from the actual card to fabricate one and made the copies of thesame and shown it as the identify proof. The purchasers relied uponthat card paid the balance amount and got registered plots on thename of LW6 on 12-8-2005 vide document No. 7625/06 atchampapet Registrar’s Office, A-2 and A-5 were signed as identifyingwitnesses at the time of registration and identified the imposter as theoriginal Busam Somashekhar Rao. LW6 tried to take possession ofthe plots, meanwhile the complainant along with her son went to seethe plots and came to know about the cheating occurred to them andwhen she informed the same to LW6 he afraid that he may loose theland and threatened the complainant not to interfere with hispossession. The investigation established that A-1 to A7 committedoffences punishable under section 419, 420, 468, 471, 447, 506, 120-B read with 34 IPC.

3. A mere reading of the complaint discloses that A-4participated with A-1 and A-2 in preparing some documents andsome photo identify card. Hence, prima facie, this Court is notinclined to quash the proceedings in CC.No. 388 of 2007 on the fileof the Court of VII Metropolitan Magistrate, Cyberabad atHayathnagar.

4. With the above observation, the Criminal Petition isdisposed of.

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JUSTICE RAJA ELANGO

30-12-2010I s L

THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No. 2198 OF 2009