1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10314 OF 2022
ORDER:
Briefly the facts of the case are that, the respondent No.1 has filed the complaint stating that he has obtained loan from the Secunderabad Cooperative Urban Bank Limited and after discharging the loan, his document i.e,. the original sale deed was not returned to him for which reason, he has approached the police and on failure by the police to investigate, a private complaint was filed.
2. Learned counsel appearing for the petitioners would submit that an undertaking was given on 09.05.2019 stating that the documents were received by him and on the very next day he has proceeded to the Office of Registrar and the said release of memorandum of deposit of title deed was registered before the Sub- Registrar, Marredpally, Secunderabad.
3. Prima facie, case appears to have been made by the complainant without any basis since the defacto complainant has proceeded to the Sub-Registrar's Office and also executed the said documents, which specifies that the original documents were received by him. In the said circumstances, the police shall conclude 2 the investigation by looking at the documents without arresting any of these petitioners.
4. At this juncture, the learned counsel for the petitioner submits that Notice under Section 91/160 Cr.PC was issued.
5. It is needless to say that in view of the Judgment of the Hon'ble Supreme Court of India in State of Gujarat V. Shyamlal Mohanlal Choksi1 the said provisions are not applicable to the accused.
6. Accordingly, this petition is disposed off.
Miscellaneous applications, if any, pending shall stand closed.
_____________ K.SURENDER, J Date:- 22.11.2022 Note:- Issue C.C in Two days.
{B/o} PKR 1 (1965) 2 SCR 457 3 THE HONOURABLE SRI JUSTICE K.SURENDER 62 CRIMINAL PETITION No.10314 OF 2022 Date: 22.11.2022 Note: issue C.C in Two days.
{B/o} PKR