Document Fragment View
Fragment Information
Showing contexts for: false declaration in Salauddin Owaisi And Etc. vs D.S.P., Cid, Sdt on 7 July, 2000Matching Fragments
11. Criminal Petition No. 5160 of 1997 : This petition is filed seeking to call for the records in C.C. No. 63 of 1997 on the file of the IX Metropolitan Magistrate, Hyderabad and to quash the same. A charge-sheet is filed against the petitioner in this petition for the offences under Sections 177, 182 and 420, IPC with the following allegations :
12. Petitioner became a member of Sri Venkateswara Co-operative House Building Society, Hyderabad as he was an MLA. He filed a declaration before the society on 19-7-1982 to the effect that he or his wife or minor children do not own a plot in twin cities of Hyderabad and Secunderabad and agreed to abide by all the conditions for the allotment. On completion of formalities, a plot bearing No. 275/A/C admeasuring 600 square yards was allotted to him and the same was registered on 14-5-1984. It is alleged that the petitioner gave a false declaration as he was owning a house bearing No. 6-3-347/13/301 and 6-3-347/13/302 at Dwarakapuri Colony Punjagutta which is in his name. Petitioner suppressed the fact that he was owning houses in his name and as such he cheated the society for wrongful gain and caused wrongful loss to the eligible members of the society.
31. Criminal Petition No. 1855 of 1998 : This petition is filed seeking to call for the records in C.C. No. 73 of 1997 on the file of the IX Metropolitan Magistrate, Hyderabad and to quash the same. A charge-sheet is filed against the petitioner for the offences under Section 177, 182 and 420, IPC.
32. Petitioner became a member of Sri Venkateswara Co-operative House Building Society being an MLA and he was allotted a plot No. 316/A of 600 square yards. Petitioner filed an undated declaration that he nor his wife owns a plot in the twin cities of Hyderabad and Secunderabad. After the completion of formalities, the plot was registered in his name on 29-3-1985. It is alleged in the charge-sheet that the undated declaration filed by the petitioner is false inasmuch as the petitioner was the owner of the premises bearing Municipal No. 6-1-1063/6 at Saifabad which is standing in his own name. Thus, petitioner gave a false declaration which caused wrongful loss to the society. Hence, the charge-sheet.
33. Criminal Petition No. 2629 of 1998 : This petition is filed seeking to call for the records in C.C. No. 67 of 1998 on the file of the IX Metropolitan Magistrate, Hyderabad and to quash the same. A charge-sheet is filed against the petitioner in this petition for the offences under Section 177, 182 and 420 of IPC with the following allegations :
34. Petitioner became a member of Sri Venkateswara Co-operative House Building Society on 20-6-1980. He was allotted a plot bearing No. 94/A of 600 square yards on 21-3-1980. Petitioner submitted an undated declaration stating that himself nor his wife or his sons own a plot in the twin cities of Hyderabad and Secunderabad. On payment of the cost for the land, the plot was registered in favour of the petitioner on 20-4-1983. It is alleged that the petitioner was the owner of the premises bearing Municipal No. 6-1-127/1, Padmaraonagar, Secunderabad. The petitioner submitted a false declaration suppressing the ownership of a house by him and as such caused wrongful loss to the society. Hence, the charge-sheet.
60. The allegations against the petitioner in the entire charge-sheet revolves round the fact that being a member of the Jubilee Hills Cooperative Society and by suppressing the said fact, he filed a false declaration, joined as a member and got allotted a plot in his favour from Sri Venkateswara Cooperative House Building Society. Even for a moment if it is to be accepted that the petitioner has furnished false information to the society and committed the offences under Section 177 and 182 of I. P. C, he cannot be prosecuted at this point of time since the punishment prescribed under those offences is only upto six months and in view of the limitation provided under Section 468 of Cr.P.C. his prosecution is impermissible as the crime was registered in the year 1988 and the charge-sheet is filed after more than eight years. Similarly, the ingredients of 420, I.P.C. are also absent as the statement of witnesses so recorded fails to disclose that the petitioner has dishonestly induced the society to allot a plot in his favour. Merely because the petitioner became a member of the other society, that by itself cannot be a ground to find him guilty under Sections 177 and 182, I.P.C. It is not the case of the prosecution that the petitioner obtained a plot in other society also. The charge-sheet also fails to disclose that the petitioner has gained wrongfully, since he has paid the entire amount as was being paid by the similarly placed members as required by the society. We are therefore, convinced that no ingredients of the offences alleged against the petitioner are found in the charge-sheet.