Andhra Pradesh High Court
Judges : V.ESWARAIAH
K. Manoj Reddy - Appellant
Versus
Commissioner of Police, Cyberabad - Respondent
Decided On : 03/01/2007
Case No : Writ Petition No.24056 of 2006
Constitution of India – Articles 14 and 21 – Indian Penal Code - 420, 406 - - Criminal Procedure Code, 1973 – Sections 50, 56, 57, 161, 162, 167, 219, 437 - Initial deposit and installments - Plots and Postponed registration – It is stated that certain written complaints have been lodged before the concerned Station House Officer alleging that the petitioner, having received certain initial deposit and installments refused to register the plots and postponed registration it has been alleged that the petitioner was having dishonest intention to cheat the customers by not registering plots – Accordingly, on various complaints filed by customers, different cases in respective crime numbers have been registered by Station House Officer police station for offences under Sections 420 and 406 IPC. It is stated that nearly about 700 subscribers have made complaints and 20 cases have been registered against the petitioner and others and the petitioner is being arrested in one case, he was released on bail. However respondents-authorities are resorting to arrest him in other similarly situated cases – Held, It is stated that petitioner and his brother are the main persons, who played active role in the commission of offence of fabrication, creating of fake sale deeds, impersonation, cheating etc., and as such, their names were also mentioned in various crimes and cases have been registered against them and memos were also filed before the court – It is stated that as the averments made in written complaints disclose that the petitioner and others have committed cognizable offences, the cases have been registered – It is stated that the investigation so far made reveals that nearly customers have been cheated by petitioner’s Real Estate Company and, therefore, various cases have been registered – As against 142 cases registered against the petitioner and other accused, in 109 cases arrest has been regularized by obtaining Prisoner’s Transit Warrants before the concerned Magistrate. It is further stated that the petitioner has floated 12 different ventures and took the customers to the alleged ventures situated at different places on different dates at different points of time, each such act constitutes a different offence. Therefore, it cannot be said that the nature of the crime is similar but not different – Writ petition is dismissed.
Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home appearing on behalf of respondents.
It is the case of the petitioner that he is the Managing Director of Huzurabad Surya Real Estates Private Limited with its registered office at Vadera Complex, Dilsukhnagar, Hyderabad.
It is stated that certain written complaints have been lodged before the concerned Station House Officer alleging that the petitioner, having received certain initial deposit and installments, refused to register the plots and postponed registration. Thus, it has been alleged that the petitioner was having dishonest intention to cheat the customers by not registering the plots. Accordingly, on various complaints filed by the customers, different cases in respective crime numbers have been registered by the Station House Officer, Saroornagar police station, for the offences under Sections 420 and 406 IPC. It is stated that nearly about 700 subscribers have made complaints and 20 cases have been registered against the petitioner and others and the petitioner is being arrested in one case, he was released on bail. However, the respondents-authorities are resorting to arrest him in the other similarly situated cases. Therefore, the action of the respondents in registering separate cases against each and every written complaint of the subscribers, is illegal and arbitrary and violation of provisions of Sections 50, 56, 57, 161, 162, 167, 437 Cr.P.C. and also provisions of Articles 14 and 21 of the Constitution of India.
It is stated that as the nature of the offences is one and the same, the respondents can investigate by registering one comprehensive crime and the subsequent FIRs can be taken as the statements under Section 161 Cr.P.C.
A counter has been filed by the 1st respondent stating that the petitioner is the Managing Director of Huzurabad Surya Real Estate Private Limited and its registered office is situated at Dilsukhnagar, Hyderabad, under the limits of Saroornagar Police Station. The petitioner has floated about 12 real estate ventures in various villages of Hayathnagar Mandal in Ranga Reddy District and collected huge amounts from the customers by way of installments towards the plots in the said ventures and subsequently, the said company was abruptly closed in the first week of September, 2006, cheating thousands of its customers.
The said company under the management of the petitioner used to give wide publicity in the newspapers and thereby attracted gullible people. By seeing the advertisements and colourful broachers issued by the company, the people from various Districts including twin cities believed that it was a genuine company. The petitioner and his elder brother one Sri K.Sampath Reddy and other staff, agents and henchmen fabricated fake and forged documents and sale deeds by impersonating pattedars of lands claiming to have purchased the lands in the villages of Pedda Amberpet, Munuganuru, Koheda, Kuntluru, Bhagh Hayath Nagar and Pasumamula villages in Hayathnagar Mandal of Ranga Reddy District and basing on such fabricated, fake and forged documents, they prepared fictitious layouts in about 12 ventures. It is stated that after receiving huge amount of about 20 to 30 crores, the company was closed. After having come to know about the cheating committed by the petitioner’s company, the customers started lodging complaints at Saroornagar police station.
It is further stated that basing on the written complaints, so far, 142 cases have been registered at Saroornagar and Hayathnagar police stations and investigation has been taken up. During the course of investigation, the petitioner, who is A-1 and his brother-A-2 evaded arrest by police and surrendered before the II Metropolitan Magistrate’s court, Cyberabad at L.B.Nagar on 15-09-2006 and
29-09-2006 respectively. The other six accused surrendered on 10-10-2006 and they were remanded to judicial custody. As on 22-02-2007, 109 cases have
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