CC to Sri v. Vijay Shankar, Ad

Sri M. Krishna Rao, S/o. Narsaiah,.Aged. 74-years' Occ Fioi-'b*"r. Association, F/o Villa No'47' Vertex Hydemagar. . President, Triveni Lake View Villas, ...PETITIONER AND

1. State of Telangana, Rep. by its Principal Secretary' Home Department' Secretariat, HYderabad.

2. The Commissioner of Police, Cyberabad Commissionerate' 3. The Deputy Commissioner of Police, Balanagar Zone' Cyberabad' 4.TheAsst.CommissionerofPolice,KukatpallyDivision,Cyberabad. 5. The Station House Officer, KPHB Police Station' Cyberabad' ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueanappropriateWrit,orderordirection'moreparticularlyonein thenatureofWritofMandamus,declaringtheinactionoftheRespondents authorities in not taking any further action and not arresting the accused in FIR No.186/2021, UiS 441, 447,42O,463,464' 12O-A' 12O-B r/w 34 IPC of KPHB Police Station even after lapse of four years' even though the accused conspired together by creating fake and fabricated sale deeds with regard to the plots of Triveni Plot Owners Associations and further trying to encroach over the plots basing on said fictitious documents and threatening with dire consequences' as illegal, arbitrary, unconstitutional, violative against principles of natural iustice and violation of Article 14, 19 and 300-4 of the constitution of lndia' IA NO: 1 OF 2025 . Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent authorities to conduct the proper investigation in respect of FIR No.186/2021, Uls.441 ,447,420,463,464, 12OA, IZOB Rl/w. 34 of tpC of KpHB Police station complained by the petitioner and conclude the investigation at the earliest and file appropriate report before the trial court pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V. VIJAY SHANKAR Counsel for the Respondents: SRt M. SRINIVAS, AGp FOR HOME The Court made the following: ORDER THE HONOTJRABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION N0.5048 0F 2025 ORDER: (ORAL) This writ petition ls filed by the petitioner seeking the following relief: "...to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents authorities in not taking any further action and not arresting the accused in FIR No.l86/2021 Uls. 441, 447 , 420, 463, 464, t2OA, l2OB r/w. 34 IPC of I(PHB Police Station even after lapse of four years, even though the accused conspired together by creating fake and fabricated sale deeds with regard to the plots of Triveni Plot Owners Associations and further trying to encroach over the plots basing on said fictitious documents and tfueatening with dire consequences as illegal, arbitrary, unconstitutional, violative against principles of natural justice and violation of Article 14, 19 and 3004. of the constitution of India and to pass...',

2. Heard M/s. Vijay Shankar, leamed counsel for the petitioner and Mr. M. Srinivas, learned Assistant Government pleader for Home. 2

3. Leamed Assistant Government pleader for Home having received written instructions dated 20.02.2025 fiom the Sub_ Inspector of Police, KpHB Colony police Station, submitted that petitioner as the president of ,.Triveni plot Owneru Association,, registered under the Terangana societies Registration Act200r vide Regd. No.234812012 of Hydernagar Village for the plot owners of Survey Nos.l72/2 to 172/25 of Hydemagar Village, lodged a private complaint before the learned VII Addl. Junior Civil .ludge - cum _ XXXII Metropolitan Magistrate, at Kukatpally, Cyberabad (for short 'Trial court'), stating that one Mrs. D. yadamma and 34 others conspired and created false documents in respect of the land in Survey Nos.63 and 66 of Hydernagar Village, Kukatpally. Basing on the false documents, the above people are encroar:hing into the lands in Survey Nos.l72lT to 172125. Later, the private complaint was referred to respondent No.5 - the Station House c.rfficer, KPHB Colony Police Station, and a case in Crime No.lg6 of 2021 was registered under Sections 441,447,420,463,464, l2l/ and B read with Section 34 of the Indian penal Code lg60 (lpC) against one Mrs. D. Yadamma and 34 others. 3

4. It is submitted that the Investigating Offrcer has examined and recorded the statements of four (4) witnesses including the complainant. During the course of investigation, it was revealed that the land in Hydemagar Village is a Jagir land and no one is allowed to execute any documents relating to the subject land. The petitioner did not produce any documents in support of his allegations. As the allegations made by the petitioner - complainant are not proved, the \ Investigating Officer made a requisition to respondent No.4 - the Assistant Commissioner of Police, Kukatpally, vide No.Crllg6l K2lCYBl202l dated 16.07.2024 to accord permission to refer the case as "Civil in Nature". In turn, respondent No.4 accorded permission to the Investigating Offrcer vide No.703/ACp-Kp/ CYB/2024 dated 30.09.2024 to close the case as "Civil in Nature,'. After service of notice to the petitioner, final report .will be filed before the Trial Court.

5. A copy of written instructions along with proceedings dated

30.09.2024 of respondent No.4 according permission to respondent No.5 to close the case in Crime No.186 of 2021 as "Civil in Nature,, is served on leamed counsel for the petitioner. 4

6. In view of the aforesaid submissions of the leamed Assistant Govemment Pleader for Home, no further orders are required to be passed in this writ petition. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to avail appropriate remedies available under law. There shalt be no order.as to costs. As a sequel thereto, miscellaneous applica.tions, if any, pending in the writ petition stand closed. //TRUE COPYII sD/- P. BHUSHAM BA REGISTRAR // SECTION OFFICER riat, State of Telangana, The Principal Secretary, Home Department, S Hyoeraoad.

2. The Commissionerof police,-Cyberabad Commissionerab. 3. The Deputy Commissioner oJ pir[e; B;L;;;;;Zil., cytrerabad. 4. The Asst. Commissioner of eofiq;,_-(ukaffiVbi-rlio", Cyberabad. 5. The S^tation House officer, KpAB'p;il;;Sia'ti#, bloer"ouo. 9. 9n" CC to Sri V. Vijay Shankar, Ad;;;rd-r#iii 7. rwo CCs to Gp forH6me, Hign'cdri-f;ih!'itXt!,ot retangana, ar Hyderabad [OUT1 ' 8. Two CD Copies -/. To, 1 TJ GJP FY HIGH COURT DATED:2010212025 ORDER WP.No.5048 of 2025 a --i:.:_:\:r .:-\. .,1r...i.. s 'i:.,.(. \

7. ,.\ 01 JUfl 206 o t a - a t:., -'^ t ,z/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ cogieb S*