Telangana High Court
Mohammed Jamaluddin vs The State Of Telangana on 19 August, 2020
Author: T.Vinod Kumar
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION No.10485 of 2020
O R D E R:
The present writ petition is filed for issue of a Writ of Mandamus to declare the action of the 3rd respondent authority in not conducting the investigation and filing the Charge sheet / Final Report in pursuance of FIR No.149/2019 Dated 27.07.2019 registered for the offences under Sections 420, 465, 468 and 471 of IPC against 4th to 8th Respondents, as illegal, arbitrary, contrary to the provisions of the Cr.P.C. and consequently, direct the 3rd respondent to conduct the investigation and file the Charge Sheet / Final report against the 4th to 8th Respondents.
2. The present writ petition is taken up for hearing today, i.e. 19.08.2020, through Video Conferencing.
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home, appearing for respondents 1 to
3.
4. Learned counsel for the petitioner, while reiterating the writ averments, submits that the 3rd respondent authority, upon registration of FIR No.149 of 2019, is required to investigate into the crime by taking necessary action by filing final report before the concerned Court. Learned counsel further submits that the 3rd respondent authority, after registering the case about a year ago, did not take any steps for investigating into the crime and take necessary action against the persons, named by the petitioner in the complaint, who have fabricated documents relating to the petitioner's property.
5. Per contra, learned Assistant Government Pleader for Home has forwarded to this Court by e-mail, the written instructions under the 2 signature of the Assistant Commissioner of Police, WCO Team VIII, CCS, DD, Hyderabad. By the said written instructions, it is stated that on 27.07.2020 at 11.30 hours, a complaint was received from Mohammed Jamaluddin, s/o. Ahmed Qamaruddin, aged 45 years, r/o Fathe Darwaza, Hyderabad, in which it is stated that the complainant lodged the present petition on behalf of his Principal, K.Rama Rao, s/o late Appa Rao, R/o Chennai, by virtue of registered GPA document No.157/2017 dated 10.07.2017 registered at SRO Perimet, Chennai. By the above complaint lodged, it is stated that late Kalapati Appa Rao, s/o late K.Satyanarayana was the owner and possessor of the land admeasuring Acs.62.20 guntas in survey Nos.103/12 to 103/19 and 103/20/1, situated at Bandlaguda Village and Mandal, Hyderabad District, vide registered Sale Deed No.1511/1967 dated 24.05.1967 and 3077/1967 dated 26.10.1967 registered at SRO, Azampura, Hyderabad, purchased from its absolute owner Nawab Shamshuddin Khan, s/o late Nawab Ikramuddin Khan, and thus, became owner of the land to an extent of Ac. 62-20 Gts.
6. By the said written instructions, it is stated that, on 12.08.1991, the said K.Appa Rao died at Madras leaving behind the legal heirs and successors, who are permanent residents of Chennai. Taking advantage of their absence in Hyderabad, as the original owner died and his legal heirs were staying at Chennai, the land grabbers named in the complaint, N.Goverdhan Reddy, N.Chinna Reddy, N.Malla Reddy, Mrza Haleem Baig and Mustafa Kamal Siddiqui created false and fabricated document bearing Dis.No.A3/12069/67 dated 06.02.1969, on the file of the then Tahsildar, Hyderabad Urban Taluka, Hyderabad, in relation of the above said scheduled property and going on executing the registration of sale deeds with the active collusion of presently working District Registrar, Hyderabad, South Zone, and Sub-Registrar, Azampura, Hyderabad, and as 3 of now, 600 sale deeds have been executed by the accused in favour of gullible and innocent people by suppressing the fact and cheating them and made almost 1000 crores fraud, and on verification through RTI, the document bearing Dis.No.A3/12069/67 dated 06.02.1969 is found false and fabricated and requested for taking necessary action against the persons named in the complaint.
7. By the written instructions, it is stated that upon receiving the above complaint, with the endorsement of Joint Commissioner of Police, C.C.S, DD, Hyderabad, the 3rd respondent authority registered a case vide Crime No.149/2019 for the offences under Sections 420, 465, 468 and 471 IPC and appointed an Investigating Officer to conduct investigation into the matter. Upon registering the above case, the Investigating Officer examined the petitioner/complainant and K.Rama Rao, s/o Late K.Appa Rao, being the legal heir of the original owner and recorded their original statements in Part-II case diary. It is also stated that the accused named in the above FIR approached the III Additional Metropolitan Sessions Judge, Hyderabad (for short III AMSJ), for anticipatory bail, vide Crl.M.P.No.2784 of 2019, to which, the Investigating Officer has filed a counter opposing the grant of anticipatory bail. By order dated 16.08.2019, the III AMSJ dismissed the above criminal petition. Thereafter, the accused A4 and A5 approached the Hon'ble High Court by filing Crl.P.Nos.5091 and 5092 of 2019, and the Hon'ble High Court by its order dated 27.08.2019 allowed the Crl. Petitions filed by A4 and A5 and the said accused were directed to be released on bail, in the event of their arrest in connection with the above crime registered, subject to their executing separate personal bonds for Rs.25,000/- each with two local sureties for a like sum each to the satisfaction of the Station House Officer, with a condition to cooperate with the investigation. 4
8. By the above written instructions, it is further stated that on 12.10.2019, the Investigating Officer deputed its staff to apprehend A1 to A3, but the accused could not be traced out, but however, efforts are being continued to apprehend and arrest A1 to A3 and finalize the case. While, the investigation into the above case is in progress, the Investigating Officer sent a requisition to the District Registrar, Kukatpally, Ranga Reddy District, to furnish the details of registration fee and stamp duty paid by the person purchasing the land admeasuring Acs.62.20 guntas, vide Doc.No.A3/12069/67 dated 06.02.1969, in survey Nos.103/12 to 103/19 and 103/20/1, situated at Bandlaguda Village and Mandal, Hyderabad District, prior to 1969. It is also stated that the Investigating Officer also addressed a letter on 23.03.2020, to the Thasildar, Bandlaguda Revenue Mandal, Falaknuma, Hyderabad, to furnish the ownership details and certified copies pertaining to the subject land and the reply from the revenue authorities is awaited. By the said written instructions, it is stated that the above documents are important for conducting investigation into the case and the 3rd respondent authority is investigating into the above case registered in fair and impartial manner. However, due to sudden occurrence of the Covid-19, the Investigating Officer was deputed for Covid-19 Bandobust duties at South Zone, Hyderabad and Gandhi Hospital, Secunderabad, and as such the authority could not take further steps in the investigation by collecting documents. It is also stated that as and when the Investigating Officer is discharged from the Bandobust duties, the said authority would follow-up with the concerned authorities to whom a request for furnishing the information has been made by collecting the information / documents and proceed with the investigation into the case and take necessary action thereon including filing of final report.
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9. Taking note of the progress of investigation into the above crime registered as detailed in the above said written instructions, this Court is of the view that the investigation into the above crime registered is being conducted in a diligent and proper manner, and does not warrant any interference by this Court by issuing any direction to expedite the investigation and filing of final report, particularly having regard to the fact of the claim being made relates to documents which are five decade old. Suffice, to mention that once the Investigating Officer is relieved from the Covid-19 duties assigned to him presently, the authority is directed take further action, by collecting the information relating to ownership details as well as the registration details and the payment of stamp duty details from the concerned revenue authorities as expeditiously as possible and proceed with the further investigation in the matter. However, as the above crime is registered on the basis of endorsement made by the Joint Commissioner of Police, C.C.S., the 2nd respondent authority may direct the said authority to monitor the progress of the investigation into the matter periodically till a final report is filed therein.
10. Subject to the above observation, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_____________________ JUSTICE T.VINOD KUMAR Date:19.08.2020 GJ