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2025 Supreme(Online)(Tel) 40128

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
D.CHANDRASEKHAR REDDY AND ANOTHER – Appellant
Versus
THE STATE OF TELANGANA. REP. PP AND ANOTHER – Respondent
CRLP 4717/2016



THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO + CRIMINAL PETITION No.4717 OF 2016 % Dated 25.10.2025 # D. Chandrasekhar Reddy S/o.Raja Reddy, Aged: 50 years, Occ: Agriculture, H.No.11-5-152/2, Officers Cooperative Society, Red Hills, Nampally, Hyderabad – 500 004 and another.

….Petitioners VERSUS $ State of Telangana through Public Prosecutor High Court of Judicature, at Hyderabad and another … Respondents ! Counsel for Petitioners : Mr.N. Bhavani shankar ^ Counsel for Respondents : Mr. P. Prabhakar Reddy (R.2)

Mr. M. Vivekananda Reddy Assistant Public Prosecutor (R.1)

< GIST:

> HEAD NOTE:

? CITATIONS:

1. 2025 SCC OnLine 998

2. 2025 SCC OnLine SC 1474 3. 2024 SCC OnLine SC 2248

4. 2025 SCC OnLine SC 31

5. (2014) 3 SCC 659

6. 2022 Supreme (All) 1501

7. (2019) 16 SCC 739

8. 2024 SCC OnLine SC 339

9. 2025 SCC OnLine SC 31

10. (2019) 14 SCC 350 THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 4717 of 2016

ORDER:

This Criminal Petition has been filed under Section

482 of the Code of Criminal Procedure, 1973, (for short, ‘the Cr.P.C.) by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in C.C.No.811 of 2014 on the file of the XXV Metropolitan Magistrate, Kukatpally, Ranga Reddy District, for the offence under Section 420 of the Indian Penal Code, 1860 (for short, ‘the IPC’).

2. Brief facts of the case:

Respondent No.2 filed a private complaint before the IX Metropolitan Magistrate, Kukatpally, on 17.12.2009 stating that the petitioners have forged and fabricated documents including the revenue records i.e., Form 13-C, Form 13-B, proceedings No.B/2657/1990 dated 15.08.1990 and Pattadar passbooks by causing wrongful loss to him and members of M/s. Bhagyanagar Cooperative Housing Society Limited, and filed suit in O.S.No.1457 of 2009 for grant of perpetual injunction restraining the defendants from interfering with the suit schedule property. After receiving the summons in the above said suit, respondent No.2 came to know that the petitioners have created and fabricated the documents and claiming rights over the properties. When respondent No.2 approached the Mandal Revenue Officer seeking details of the pattadar passbooks and RoR proceedings, the Mandal Revenue Officer, after conducting enquiry informed him that the pattadar passbooks were not issued by the officials of the Mandal Revenue Officer, Balanagar Mandal and also issued Memo dated 17.09.2009, wherein it is stated that Form No.13-B, Form No.13-C in File No.RORB/2693/1990 are not available in the office i.e., Mandal Revenue Office, Balanagar Mandal. Basing on the said private complaint, learned Magistrate had referred the matter to the Madhapur Police Station under Section 156(3) of the Cr.P.C. for investigation, accordingly, the police registered the Crime No.734 of 2009 for the offences under Sections 420, 468 and 471 of the IPC and the Investigating officer after conducting investigation filed a charge sheet for the offence under Section 420 of the IPC and deleted the offences under Sections 468 and 471 of the IPC. Learned Magistrate took the cognizance and issued summons. Aggrieved by the same, the petitioners filed the present criminal petition seeking to quash the proceedings in C.C.No.811 of 2014.

3. Heard Mr. T. Pradyumna Kumar Reddy, learned Senior Counsel, representing Mr. N. Bhavani Shankar, learned counsel for the petitioners, Mr. P. Prabhakar Reddy, learned counsel for respondent No.2, and Mr. M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing for respondent No.1 State.

4. Submissions of learned counsel for the petitioners: 4.1. Learned Senior Counsel submitted that the petitioners have not committed the offence and they falsely implicated in the crime. The petitioners are the lawful owners and they have purchased the property through sada sale deed dated 12.05.1983 by paying valuable sale consideration and they are bonafide purchasers. The revenue authorities after following the mandatory procedure prescribed under the provisions

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