The petitioner Buddhikota Subba Rao, party in person and advocate by avocation on post-retirement as a Captain in Indian Navy, resident of Navi Mumbai, filed the two petitions against the three respondents (i) the Crl.P.No.1042 of 2016 is against the (1) State of Andhra Pradesh represented by the learned Public Prosecutor, (2) G.Rami Reddy and (3) A.Chandrasekhar who are the two Investigating Officers in Cr.No.26 of 2015 of Vetapalem Police Station. This petition is filed for the relief to cause the complaint u/sec.340CrPC filed against the said police officers R.2 and R.3 for the offences u/Sec.193IPC before the learned Magistrate Court having jurisdiction and to pass such other orders. (ii) The other Crl.P.No.1043 of 2016 is filed against (1) the State of Andhra Pradesh represented by its Public Prosecutor, (2) Peraka Varalakshmi and (3) peraka Lakshmana Bapuji, as respondents 1 to 3, who are the State and the accused 2 and 3 of the crime supra with the prayer against the private persons R.2 and R.3 as in Crl.P.No.1042 of 2016 supra.

2. Both the petitions came for common hearing and disposal.

3. Heard the party in person supra and the learned Public Prosecutor representing the State and also Sri T.Sridhar, the learned counsel representing the Investigating Officers-the R.2 and R.3 in Crl.P.No.1042 of 2016. As there is no representation either in person or through advocate so far as Peraka Varalakshmi and her husband Peraka Lakshmana Bapuji-the Respondents 2 and 3 of Crl.P.No.1043 of 2017 concerned, hence taken them as heard to decide on merits and perused the material on record for common disposal.

4. Before coming to the respective averments of the respective petitions of the petitioner-party in person in nutshell in support of the respective prayers supra, coming to the factual background of the case on hand in Cr.No.26 of 2015 of Vetapalam P.S. of Prakasham district, Andhra Pradesh, registered on 09.03.2015 on the report of the petitioner herein against three accused viz; Gutti Prasad-A.1, P.Varalakshmi-A.2 and P.Lakshmana Bapuji (A.3) for the offences punishable u/sec.379,424,427,451 r/w 34 IPC. Said crime registered was by the then SHO-Sub Inspector of Police-G.Rami Reddy-R.2 of Crl.P.No.1042 of 2016. It is based on the written report of the petitioner herein (defacto-complainant) addressed to the D.S.P. Cheerala on even date endorsed to the Sub Inspector of Vetapalem to enquire and take action as per law in registering crime at 10P.M. on that day, for the so called fraudulent and illegal demolition of his tiled house in Pandillapalli village and panchayat bearing D.No.8-95 with assessment No.1110 by causing theft of the house material, that the house property acquired by him as per registered Will No.8/1971 executed by his father late Sri Nagaiah. His further say is that he along with his elder brother were while in possession and enjoyment by paying taxes in the name of their late father, as he is living in Mumbai on post-retirement as a Captain in Indian Navy by practicing as an advocate in Supreme Court and in Mumbai High Court, that as per the bequeaths in the Will of his father, tiled house and appurtenant site of it taken by him and his elder brother Venkateshwara Rao without partition by kept it in joint enjoyment. After his elder brother Venkateshwara Rao passed away, leaving behind wife and children died possessed the half share in the property, he developed the desire to construct a library in the property for public use and kept it to the knowledge of his late brothers family. In the meantime they let out said house to a poor widow Smt. P.Suseela on nominal rent to stay with her children and because of his pre-occupation in the legal profession, the task of constructing building for public library purpose has been getting postponed and meantime said Suseela requested him and his late brothers family to sell the house to her for no other abode and her request was conceded to sell at a nominal price. In th