The Vicechairman And 2Others vs The State Of Telangana And Another
2022 Latest Caselaw 6075 Tel

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      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

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

(1965) 2 SCR 457

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.10314 OF 2022

Date: 22.11.2022

Note: issue C.C in Two days.

{B/o} PKR