Telangana High Court
M.Raghavendra vs The State Of Telangana And 13 ... on 16 December, 2021
Bench: B.Vijaysen Reddy
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
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-
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
