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2016 Supreme(AP) 699

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
M. Satyanarayana Murthy, J.
M.P. Tej Babu - Petitioner
Versus
State of Telangana and another - Respondents
Criminal Petition No. 16139 Of 2016
Decided On : 21-12-2016

Advocates Appeared:
For the Petitioner:Unnam Muralidhar Rao, Advocate.
For the Respondent:Public Prosecutor (Mrs.) M.P. Vasanth, Advocate appeared in person.

Headnote:

Criminal Procedure Code - Section 482 and 503 - Indian Penal Code,1860 - Sections 448, 406, Sections 441 447, 452, 506 and 34352, 506 and 109 - Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 24 - Benami Transaction (Prohibition) Act, 1988 - sub-section (3) (b) of Section 4 - Hindu Succession Act, 195 - Criminal petition is filed under Section of Criminal Procedure Code to quash the proceedings in Crime on the file of Jubilee Hills Police Station registered for the offences punishable under Sections of Indian Penal Code and under Section of the Maintenance and Welfare of Parents and Senior Citizens Act - Performing the duty of caretaker of estate resisted overpowering with brute force added with Police support availed through his close acquaintances - Particulars of registered sale deeds and corresponding encumbrance certificate are enclosed for your perusal - Police officials went on to the extent of refusing to register which construed to be basis minimal duty, compelling me approach you seeking redress of legitimate grievance – Held, Court, I am of the firm view that lodging complaint with the police by the respondent dated 01.09.2016 and registration of crime against the petitioner is an abuse of process of the Court and aimed to harass the petitioner to wreck vengeance against him and thereby forcing him to come to her terms instead of resorting to civil remedies, which are comprehensive in nature - petitioner and it appears that on the one hand she prevented the police from interfering in civil litigation and on the other hand invited their interference in the civil litigation though she is conscious that the litigation is purely civil in nature - As such interference of the police in civil disputes would amount to abuse of process of the Court - Consequently the respondent is entitled to redress her grievance before competent civil Court but not by approaching the police - I find no substance in the arguments of the respondent consequently the proceedings are liable to be quashed - Petition is liable to be allowed.

ORDER :

M. Satyanarayana Murthy, J.

This criminal petition is filed under Section 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the proceedings in Crime No.632 of 2016 on the file of Jubilee Hills Police Station, Hyderabad, registered for the offences punishable under Sections 448, 406, 352, 506 and 109 of Indian Penal Code (for short "I.P.C.") and under Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short "the Act.").

2. Respondent No.2 Smt. M.P. Vasanthi lodged a complaint dated 01.09.2016 with the Assistant Commissioner of Police, Banjara Hills, Hyderabad making certain allegations against the petitioner, who is no other than her son. The allegations in the complaint in brief, are as follows:

"Mr. M.P. Tej Babu, my own son was discharging the duty of ‘custodian’ of family estate left behind my husband, lat (Shri) M.P. Damodaram and assets owned by me.

On noticing that he mismanaged sizeable funds from out of the estate earnings, approximately quantified at Rs.6.00 Crores, I parted ways and shifted to one of my daughter's residence.

Since I preferred to take over Plot No.1205, Road No.60, Jubilee Hills, Hyderabad 500033, actually owned by me per Sale deed No.1055 of 2003, my son, Mr. M.P. Tej Babu, who was performing the duty of caretaker of estate, resisted, overpowering with brute force, added with Police support availed through his close acquaintances. Particulars of registered sale deed No.1055 of 2003 and corresponding encumbrance certificate are enclosed for your perusal.

Subject matter became legal tangle vide WP No.35233 of 2015 filed by me.

Initially honored Court instructed the Jubilee Hills Police not to interfere vide its interim directions and later expressed its displeasure the way police abused their power submitted themselves before Mr.Tej Babu at the instance of Mr.Kode Durga Prasad Rao, IPS; Director General of Police, CRPF, New Delhi. Copies of judicial orders since submitted.

Despite honored Court instructions followed by Magisterial orders instructing to offer protection to life and property dated January 13, 2016, my plot remains under illegal captivity.

Furthermore, my request for registering First Information Report against crimes listed hereunder remains frozen.

Crime.1: My plot No.1205, Road No.60, Jubilee Hills, Hyderabad 500033 is under illegal captivity of Mr. M.P. Tej Babu, which he captivated utilizing support of local police force and a bunch of henchmen since October 2015. Such acts are prosecutable per (a) Criminal trespass (b) illegal, brute force and (c) illegal encroachment of land without title. Such crimes are prosecutable per Sections 441 and 447 under Indian Penal Code.

Crime.2: Mr. Tej Babu is abusing his custodial responsibilities entrusted to him under trust, with a lone programme to gain out of the property by withholding registered sale deed No.1055 of 2003, registered in my name, which is prosecutable crime per Sections 452, 506 and 34 of Indian Penal Code.

Crime.3: Mr. Tej Babu and a set of goons employed by him kept threatening and restraining from entering the plot actually owned by me since October 2015, warning me with dire consequences. Such lawless acts are convictable per Section 503 under Criminal Procedure Code, 1973.

Ignoring all my efforts for release of plot from out of illegal encroachment stood resisted by Mr. Tej Babu contrary to provisions under Law.

Since I am 80-years old, I sought for police help with a request to register First Information Report followed by judicious action remained a futile exercise.

Surprisingly enough, local Police Officials, vetoed down their ethical obligation to protect commoners against law & order issues, preferred to go silent, indirectly offering support to criminal breach of law duly supported by thugs, who don't respect Law.

The Police officials went on to the extent of refusing to register FIR, which construed to be basis minimal duty, compelling me approach you seeking redress of legitim





























































































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