IMPORTANT POINT
The court's decision was based on the finding that there was a prima facie case against the petitioner to withstand trial, as evidenced by the materials on record.

JUDGMENT

1. Heard Mr.Syed Kareemuddin, learned counsel for the petitioner and Mr.S.Ganesh, learned Assistant Public Prosecutor for respondent No.1.

2. This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) for quashing of charge sheet in C.C.No.1107 of 2017 for the offences under Ss. 120(b), 468, 471, 420 read with Sec. 34 of the Indian Penal Code, 1860 (I.P.C.) pending on the file of IX Additional Chief Metropolitan Magistrate at Hyderabad.

3. Respondent No.2 had filed a complaint before the Commissioner of Police, Hyderabad Commissionerate on 27/6/2015 alleging that petitioner and two others were trying to grab his house by creating forged and vague documents. It was alleged that petitioner is the elder son of late V.L.Karwande and he stays in the United States of America (U.S.A.) along with his younger brothers. His widowed mother shuttles between India and U.S.A. She stays in the house bearing Municipal No.1-2- 412/9, Plot No.A-6, admeasuring 798 sq.yds situated at Gagan Mahal Co-operative Society Limited, Domalguda, Hyderabad, which his father had purchased by a registered sale deed on 12/8/1960. The house is adjacent to the house of the petitioner. It was alleged that petitioner had an eye on the said property from the very beginning.

4. In the month of November, 2013, taking advantage of the absence of complainant's mother, petitioner and others had broken the lock and had entered into the house. Thereafter they had filed an injunction suit before the Civil Court based on fabricated and forged agreement of sale dtd. 1/4/2005. It was allegedly signed by complainant's mother on 1/4/2005, though she had left for U.S.A. on 24/3/2005.

5. The said complaint was forwarded to Chikkadpally Police Station where it was registered as Cr.No.344 of 2015 dtd. 20/7/2015 under Ss. 420, 468, 471 read with Sec. 109 I.P.C. Police investigated the case and thereafter submitted charge sheet under Sec. 173 Cr.P.C. before the IX Additional Chief Metropolitan Magistrate, Hyderabad where cognizance was taken as C.C.No.1107 of 2017.

6. In the charge sheet, five (5) persons have been named as accused including the petitioner. Thereafter additional charge sheet was filed on 24/9/2018 under Sec. 173(8) Cr.P.C. On a perusal of the charge sheets, this Court finds that petitioner has been arrayed as accused No.3. He had earlier approached this Court by filing Crl.P.No.8537 of 2015, which was disposed of by order dtd. 1/9/2015 by directing him to surrender before the Court on or before 16/9/2015.

7. I have carefully gone through contents of the complaint as well as the charge sheet including the additional charge sheet of which cognizance have been taken by the Court.

8. On a careful analysis, I am of the view that it cannot be said that there is no prima facie case against the petitioner to withstand trial. The materials on record clearly indicate that a triable case is made out against the petitioner. Petitioner had earlier approached this Court by filing criminal petition but the same was not entertained by this Court, instead he was directed to surrender before the trial Court.

9. On the face of the complaint as well as the charge sheets, I am satisfied that a triable case is made out against the petitioner.

10. That being the position, present is not a fit case where the extraordinary power of this Court under Sec. 482 of Cr.P.C may be exercised.

11. Criminal Petition is therefore dismissed.

However, there shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.