HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.31785 OF 2021
ORDER (ORAL):
Heard Sri Srikarunakar Kommireddy, learned counsel for the petitioner, and learned Assistant Government Pleader for Home, and perused the material on record.
2. It is submitted that complaint was lodged by the petitioner under Section 200 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') before the learned II Additional Junior Civil Judge cum X Additional Metropolitan Magistrate, Kukatpally, Cyberabad. It was referred to respondent No.5 - the Station House Officer, Bachupally Police Station, Ranga Reddy District under Section 156(3) of Cr.P.C. and consequently a case was registered in Crime No.575 of 2020 dated 19.09.2020 for the offences punishable under Sections 420, 447, 468, 471 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC'). In the complaint, the petitioner alleged that himself and one G. Siva Hari Prasad are owners of Plots bearing Nos.88, 89 and 90 (part) in Survey No.102 admeasuring 962 square yards situated at Nizampet Village, Bachupally Mandal, Medchal - Malkajgiri District. On 03.09.2020 at about 12.00 hours, respondent Nos.7 to 14 came to the subject lands, trespassed into the same and threatened the petitioners. On the complaint of the petitioner, the Sub Inspector of Police, Bachupally Police Station, Ranga Reddy District, has taken up investigation. He has examined witnesses and 2 recorded their detailed statements. He has also made a request to the Sub Registrar Office, Medchal for furnishing certified copies of the sale deeds in respect of the subject property and obtained the same.
(i) During investigation, it was found that as per the judgment in O.S. No.759 of 2007, it was revealed that accused persons have been in prior possession of the subject land. When some persons trespassed and damaged the property of respondent Nos.7 to 14 (accused in F.I.R. No.575 of 2020 dated 19.09.2020), a case was registered in Crime No.66 of 2008 with Kukatpally Police Station for the offences punishable under Sections 447, 427 and 506 of IPC.
(ii) It is submitted that the petitioners and some others are involved in Crime No.504 of 2020 for the offences punishable under Sections 447, 427 and 506 read with Section 34 of IPC, wherein investigation was completed and charge sheet was filed in the said case against the petitioners and others and trial is pending in C.C. No.2124 of 2021 on the file of the learned X Additional Metropolitan Sessions Judge, Kukatpally.
(iii) The petitioner, in fact, filed suit in O.S. No.26 of 2021 before the learned XVI Additional District Judge, Ranga Reddy District at Malkajgiri.
(iv) In Crime No.575 of 2020, investigation was completed, permission was taken from the Assistant Commissioner of Police, Kukatpally Division, Cyberabad, vide proceedings No.1361/ACP- 3 KP/CYB/2021 dated 31.10.2021, to refer the case as 'false'. After serving notice to the complainant through post on 02.12.2021, final report was filed under Section 173 of Cr.P.C. as 'false' was filed on 02.12.2021 before the learned II Additional Junior Civil Judge cum X Additional Metropolitan Magistrate, Kukatpally, Cyberabad vide IW No.7589 of 2021.
3. The learned Assistant Government Pleader for Home submits that if the petitioner has any grievance regarding filing of final report, he may be directed to file protest petition before the concerned Court.
4. In view of the fact that closure report has been filed treating the case as false, this Court does not have any other option except to permit the petitioner to avail remedies available under law either by filing protest petition before the Court concerned or to avail any other remedies available under law.
5. With the observations as above, the writ petition is closed, at the stage of admission itself. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J December 16, 2021.
PV