THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.6431 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner – accused No.2 seeking to quash the FIR No.110 of 2025 on the file of P.S. Mahabubnagar Rural, Mahabubnagar District, registered for the offences under Sections 167, 464, 420 of the Indian Penal Code and Section 3(1)(f)(g) of SC/ST POA Act.

2. Heard the submissions of Sri I.Ramesh, learned counsel for the petitioner and Smt.Shalini Saxena, learned Assistant Public Prosecutor for respondent No.1 – State.

3. The allegations are under Sections 167, 464, 420 of the Indian Penal Code along with Section 3(1)(f)(g) of SC/ST POA Act, the notice was served on the respondent No.2/de facto complainant through the learned Assistant Public Prosecutor at the address available but the notice is returned as ‘person left this address’. Hence, it is deemed service.

4. The learned petitioner counsel has submitted that the date of alleged offence is 25.08.2018 and that the FIR is registered on 18.02.2025. The learned counsel contended that the petitioner is no way concerned as to the registration as he was promoted and transferred to another office as on the date of alleged offence. He submitted that the petitioner got promoted and was not at all present in the said office as on the date of alleged issuance of ROR proceedings, therefore, the petitioner is an innocent person and he prayed to quash the proceedings against him.

5. The learned Assistant Public Prosecutor has submitted that this Court may pass appropriate orders and has submitted that the petitioner herein is the Joint Sub-Registrar as on the date working at Mahaboobnagar District.

6. Perused the record.

7. The allegations of the complainant are that the complainant owned and possessed land admeasuring Ac.02-00 gts., in survey No.92 situated at Yenugonda Revenue Ward, Mahabubnagar Urban Mandal and District and that it is his ancestral property, having succeeded the same from his grandfather, who died in 1989. It is his case that, his father pre- deceased his grandfather and thus, the complainant is in peaceful possession of the said land. It is his case that the then Tahsildar, Mahabubnagar Urban Mandal vide proceedings No.B/5529/2017, dated 29.12.2017 issued ROR proceedings in the names of Smt.Balamma and Smt.Hussainamma, who are no way concerned with the aforesaid land, without issuing any notice to the complainant. Aggrieved by the said proceedings, he filed an appeal before the Revenue Divisional Officer, Mahabubnagar and the RDO has passed the orders setting aside the orders of Tahsildar and directed him to restore the name of original pattedar by amending the entries in ROR. It is his case that even though the enquiry is pending before the Tahsildar, accused No.7 has approached accused Nos.1 and 2 and got the above said land registered in the name of his wife/accused N.6 and accused Nos.1 and 2 knowing fully well about the lack of title in favour of the said persons, have registered the documents, in collusion with accused Nos.6 and 7. The petitioner herein is accused No.2.

8. As per the proceedings dated 31.08.2018, the accused No.2/petitioner herein i.e. K.Anjaneyulu, who was working as Senior Assistant in the office of Sub-Registrar, Jedcherla has been promoted and posted as Joint Sub-Registrar-II at R.O., Mahaboobnagar, Mahaboobnagar District and that he was supposed to join duty within 15 days from the date of receipt of the said order. The alleged registration has taken place on 25.08.2018. Thus, the document dated 31.08.2018 reveals that accused No.2 was not the Sub-Registrar but he was the Senior Assistant in the Sub-Registrar Office at Jedcherla but the allegations of the complainant is that he was the Sub-Registrar at Mahaboobnagar and he got the registration done.

9. Thus, it is held that the allegations made against the petitioner by the de facto complainant appear to be false, as accused No.2 was not under the said designation at the SRO O