HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.3896 of 2013 Date: 04-7-2014 Between M.Bhaskara Rao … Petitioner/ Accused No.4 and The SHO, Bheemunipatnam Bhimili PS, Visakhapatnam, Rep. by Public Prosecutor, High Court of A.P., Hyderabad … Respondent Dandu Nalini … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.3896 of 2013 Order:
The petitioner is accused No.4. He seeks for the quashment of First Information Report (FIR) in Crime No.59 of 2013 of Bheemunipatnam Bhimli Police Station, Visakhapatnam District.
2. The 2nd respondent is the de facto complainant. She lodged the FIR which was registered under Sections 447, 420, 419, 468, 471 and 120-B read with Section 34 IPC. It is the case of the 2nd respondent that she is the owner of a piece of property.
The 2nd respondent claimed that she purchased the property of 293 square yards of vacate site in Survey No.317/2, 3 and 4, Kapulluppada Village, Bheemunipatnam Mandal from one Datla Subba Raju. In November 2012, when the younger brother of the late husband of the 2nd respondent was making efforts to construct compound wall for the premises upon the directions of the 2nd respondent, accused 3 and 4 and others approached the younger brother of the late husband of the 2nd respondent and claimed that they purchased the property in question.
3. The 2nd respondent also claimed that she thereafter obtained certified copy of the sale deed obtained by accused No.3 and noticed the photograph of one Manthena Vijaya Lakshmi as if she was the vendor of the sale deed in favour of accused No.3 in respect of the property purchased by the 2nd respondent.
The 2nd respondent consequently filed the complaint seeking for appropriate action against the accused.
4. The learned counsel for the petitioner submitted that accused No.4 did not attest the sale deed under which accused No.3 acquired property nor did he sell the same to accused No.3. The learned counsel for accused No.4 further contended that there is civil dispute between accused No.3 and respondent No.2 leading to filing of O.S.No.171 of 2009 on the file of the Junior Civil Judge, Bheemunipatnam by accused No.3 against the 2nd respondent. He submitted that accused No.3 herein has obtained ex parte decree in O.S.No.171 of 2009 on 18-9-2009. He further alleged that there was no complicity on the part of accused No.4 in the commission of offence, so much so, the FIR so far as accused No.4 is concerned is liable to be quashed.
5. The learned counsel for the 2nd respondent, on the other hand, pointed out that the FIR is still at the threshold of investigation. In the complaint, it was stated by the 2nd respondent that accused 3 and 4 jointly approached the younger brother of the late husband of the 2nd respondent and showed the sale deed claiming that accused No.4 purchased the property. He submitted that the complicity of accused No.4 in the offence thus is indicated and that the investigation would reveal whether accused No.4 is innocent of the allegations.
He contended that it would be inappropriate to scuttle investigation at the threshold where the allegation was made by the 2nd respondent against accused No.4 as well.
6. I consider that where the investigation is still at the threshold, it would be appropriate to permit Police to investigate the case including the aspects of the innocence of the petitioner. However, where the petitioner was neither the attestor nor the executant of the sale deed in favour of accused No.3, it would be appropriate to direct Police not to arrest the petitioner during the pendency of the investigation.
7. Consequently, this criminal petition is disposed of directing Police to proceed with the investigation in the FIR in Crime No.59 of 2013 on the file of Bheemunipatnam Bhimli Police Station, Visakhapatnam District. Police, however, are restrained from arresting the petitioner-accused No.4 during the pendency of investigation. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
04th July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.3896 of 2013 04th July, 2014.
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