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2018 Supreme(AP) 550

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
M. SATYANARAYANA MURTHY, J.
P. Kalpana - Petitioners
Versus
The State of Telangana & Another - Respondents
Criminal Petition No. 24624 of 2017
Decided On : 04-06-2018

Advocates Appeared:
For the Petitioners:V. Ravi Kiran Rao, Advocate.
For the Respondents:K. Chenchu Rami Reddy, Advocate.

Headnote:Criminal Procedure Code, 1973-Section 439(2) r/w Section 482-Petition seeking cancellation of anticipatory bail-When there is prima facie material to proceed against petitioner, In-Charge Sessions Judge cannot substitute his opinion that there is no prima facie material to conclude that second respondent/A-11 has committed any non-bailable offence-It amounts to reviewing order of High Court by Sessions Judge-When order is silent as to satisfaction of Presiding Officer of Court that there is no prima facie material that second respondent/A-11 committed any non-bailable offence, order is illegal and perverse and liable to be set-aside-Section 439(2) Cr.P.C did not specify circumstances under which Court can issue such direction-In absence of any such circumstances for exercising such power under Section 439(2) Cr.P.C, Court has no option except to fall back on law declared by various Courts-This order is only a deductive or order a priori, but not inferential-Criminal petition allowed. (Paras 87, 89 and 99)

JUDGMENT :

1. The de-facto complainant in Crime No.1020 of 2016 on the file of Banjara Hills Police Station, Hyderabad, filed the present criminal petition under Section 439(2) Cr.P.C r/w Section 482 Cr.P.C, claiming multiple reliefs viz., to set-aside/quash/cancel the order passed by the IV Additional Metropolitan Sessions Judge, Hyderabad, In-Charge Additional Metropolitan Sessions Judge for Trail of Communal Offices Cases-cum-VII Additional Metropolitan Sessions Judge, Hyderabad dated 05.12.2017, granting anticipatory bail to Respondent No.2/Accused No.11 passed under Section 438 Crl.P.C in Crl.M.P.No.3726 of 2017 in the above crime, registered for the offences punishable under Sections 420, 468, 471 r/w Section 34 & 120B of IPC.

2. The petitioner/de-facto complainant lodged a complaint with the police on 16.11.2016 making serious allegations against the second respondent for committing fraud along with the other accused and creating documents or fabricating documents in pursuance of the conspiracy between the second respondent/A-11 and the other accused.

3. The main allegations made in the complaint are that the land in S.No. 129/30 (old) corresponds to R.S. No. 340 correlating to T.S.No. 22, Block K, Ward 12, Shaikpet village, Road No.12,Banjara Hills, Hyderabad, originally belongs to Abdullah Pasha, to whom the surfekhase authorities allotted the said land on payment of money, who in turn gifted the above land to one Shaik Abdullah in the year 1342 F which was under Mohammadan law, the same was confirmed in writing and the said document of confirmation of oral gift was submitted to the then Revenue authority for mutation in File No. 112/13 of 1342 F dated 12th Behman 1342 Fasli and his name has been recommended for mutation as per order in the said file. The said Shaik Abdullah in turn sold the above property by registered sale deed dt. 28-12-1964 vide document No. 2357 of 1964 to one Shaik Ahmed Amoodi, Shaik Ahmed Amoodi, being in possession sold the said property by registered sale deed, bearing document No. 420 of 1966 dt. 25-2-1966, to one V.V.Rao, E.Shankaramma, M.Bhujanga Rao and Smt. Kishori Bhujanga Rao. Out of them three of them sold their extents by executing registered sale deeds i.e. Sri Bhujanga Rao sold his share of 4,000 Sq. yds. vide document No. 1823 of 1967 dated 18-6-1967, Sri V.V.Rao the other Joint purchaser sold their share of 4,000 Sq. yards by registered sale deed bearing document No. 35 of 1968 dt. 5-1-1968 and Smt. E.Shankaramma the other joint purchaser have sold only an extent of 2000 Sq, yds. from out of her share of 4,000 Sq. yds., vide document No. 1140 of 1968 dated 15-10-1968 by retaining 2,000 Sq. yds. All the above three person have sold 10,000 Sq. yds., to M/s Women’s Cooperative Housing Society under the above said three registered sale deeds and delivered possession to the society. The society in-turn having purchased 10,000 sq. yds., obtained layout, vide permit No. 25/layout/8/70 from the Municipal Corporation of Hyderabad, allotted plots to its members, executed registered sale deeds in favour of its members in the year 1981 and delivered possession to its members. All the members are in possession of their respective plots. Smt. Kishori Bhujanga Rao retained her total extent of 4,000/- Sq. yds like E.Shankaramma, who retained 2,000 Sq. yards and they are in possession of their respective extents of land.

4. While the matter stood thus, some of the disgruntled persons hatched a plan, as the land was vacant during the year 1989-90 and to in pursuance of their plan, projected D.Ramachandra Reddy and Sriramulu being alleged agreement of sale holder from D.Ramachandra Reddy, with active assistance of Advocate B.Dayakar Reddy have set up false title deed by fabricating a document, i.e a sale deed, as if Abdullah Pasha has sold the land under the alleged registered sale deed bearing document No. 252 of 1357 F and tried to get the name of D.Ramachandra Reddy enter in the revenue records and









































































































































































































































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