THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.24521 of 2008 Date: 05-10-2009 Between: D. Anil S/o. D.Khandoji R/o.H.No.15-6-196/1, Begum Bazaar, Hyderabad. … Petitioner And State of A.P., Represented by its Secretary Home Secretaryat, Hyderabad & others … Respondents THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.24521 of 2008 ORDER: Questioning the inaction of the respondents 2 to 4 in taking action against the accused respondents 5 to 7 and for direction to the official respondents to complete the investigation immediately and take action against the accused respondents 5 to 7 without any further delay, the present writ petition has been filed. The case of the petitioner, in brief, is that the respondents 5 to 7 prevailed upon the father of the petitioner to execute an agreement of sale cum general power of attorney in the month of September, 2006 in their favour in respect of some agricultural land in certain survey numbers totally admeasuring Acs.1357.32 guntas, situated at Vattengulapally village, Rajendranagar Mandal, R.R.District. In the said agreement of sale there is no mention about the total sale consideration. The above agreement was got executed by the unofficial respondents informing the father of the petitioner that to protect the land they need such an agreement. The petitioner’s father being illiterate did not know about the contents of the said agreement. In the said agreement it is recited as if any amount of Rs.5,00,000/- is paid to the petitioner’s father and one Narsingh. No such amount is ever paid to the petitioner’s father or to Narsingh by the unofficial respondents herein. The petitioner’s father was never informed that he is executing GPA authorizing the 5th respondent to sell the same. This very fact indicates that when more than one purchasers were there the question of petitioner’s father authorizing only one of them does not arise. From the above fact it is evident that the respondents 5 to 7 had the intention of cheating petitioner’s father. The petitioner’s father having come to know that the respondents 5 and 6 are trying to alienate the properties to third parties without his consent and without any authority, the agreement of sale cum GPA referred to above was cancelled with immediate effect through a public notice. It is also submitted that after seeing the said publication even without giving any reply, respondent 5 and 6 came to the house of the petitioner on 28.02.2008 along with some anti social elements carrying lethal weapons and threatened that they would kill the petitioner and his father, in case the cancellation of agreement is not withdrawn. Based on the said facts, a private complaint was filed and the same was referred to the 4th respondent, Station House Officer, Afzal Gunj Police Station, who registered a case in Crime No.104 of 2008 against the respondents 5 and 6. Thereafter, at the instance of the respondents 5 and 6, under the guise of investigation, instead of taking action against them, the petitioner and his father were harassed by the 4th respondent and his authorities. Further it is also submitted that the respondents 5 and 6, after cancellation of the agreement through publication, came up with yet another agreement of sale as if the same is also executed by the petitioner’s father. The respondents 5 and 6 uttered that they have any number of agreements available with them, which implies that they can fabricate any number of documents. When the above facts were brought to the notice of the 3rd respondent, Station House Officer, Shahinayat Gunj Police Station, in view of the support of the Police (R5 uttered that one of his relatives is a DSP) respondents 5 and 6 indulged in abuse and threat to the petitioner and his father with dire consequences. Therefore, the petitioner had to file yet another private complaint that was referred to the 3rd respondent based on which FIR No.229 of 2008 was registered but no action has been taken and moreover pressurizing the petitioner and his father to withdraw the cases and to compromise the matter. It is also submitted that respondents 5 and 6 got filed a suit by the petitioner’s father in O.S. No.5481 of 2006 on the file of the III Junior Civil Judge, City Civil Court, Hyderabad for declaration that he is the adopted son of late Mallari, surprisingly without the knowledge of the petitioner’s father it is pleaded that late Mallari executed a will bequeathing the above properties in favour of the petitioner’s father and the said will is available with the 7th respondent, whom the petitioner or his father does not know. The petitioner’s father never instructed the counsel engaged by the respondents 5 and 6 on behalf of the petitioner’s father in the above suit, to plead about alleged execution of will etc., the respondents 5 and 6 also got a written statement filed by the 7th respondent to the effect that the alleged will said to have been executed by Mallari is available with him, however the same is not filed in the Court. Having come to know of the said pleading, the petitioner’s father requested the counsel to withdraw the suit or else to give no objection so that he himself can withdraw the suit. In fact, a letter is given to the counsel instructing him to act accordingly. However, at the instance of the respondents 5 and 6 the counsel also did not withdraw the suit nor did he give no objection. When the petitioner’s father and the petitioner questioned the respondents 5 and 6 about the fabricating of the will, on 06.08.2008 the respondents 5 and 6 once again threatened his father and the petitioner with dire consequences and also stated that even if they move any Court they never bother. Though the two cases were registered against the unofficial respondents, no action has been taken by the official respondents. Hence, the present writ petition. Counter affidavit has been filed by the 3rd respondent wherein it is stated that the allegations made by the petitioner against the respondents 3 and 4 are denied, inter alia, it is stated that as the dispute of the complainant and the alleged accused is civil in nature, the respondent obtained permission from the Assistant Commissioner of Police, Goshamahal Division for referring the complaint of the complainant as civil in nature. After completion of the investigation, final report was also filed before the Chief Metropolitan Magistrate at Hyderabad on 11.07.2008. Based on another private complaint, a case in Crime No.229 of 2008 was registered and investigation was taken up by the Sub Inspector of Police. During the course of investigation, the investigation officer examined four witnesses including the complainant-petitioner and recorded their detailed statements and no prima facie case was established so far against the accused, unofficial respondents. Further assured that investigation will be completed as expeditiously as possible and an appropriate report/charge sheet will be filed before the concerned Court by following due process of law. Eventually, it is submitted that almost all the averments made in the affidavit filed in support of the writ petition are the subject matter of the investigation in Crime Nos.104 and 229 of 2008. With regard to Crime No.104 of 2008 is concerned, investigation was completed and the final report was filed into the concerned Court referring the complaint of the complainant as civil in nature. With regard to Crime No.229 of 2008 is concerned, investigation is still going on for collection of documentary evidence and necessary action will be taken against the accused in the FIR depending on the evidence adduced during the course of investigation. The allegation that the Police are pressurizing the petitioner and his father to withdraw the cases is not at all true and the same is denied. Heard the learned counsel and perused the material on record. Admittedly, there is dispute between the petitioner and the unofficial respondents and based on the private complaints, two cases i.e. Crime No.104 of 2008 and 229 of 2008 were registered against the unofficial respondents. With regard to Crime No.104 of 2008 is concerned, investigation was completed and the final report was filed into the concerned Court referring the complaint of the complainant as civil in nature. With regard to Crime No.229 of 2008 is concerned, investigation is still going on and soon after completion of investigation, necessary action will be taken against the accused in the FIR. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel, taking note of the assurance that the investigation will be completed as expeditiously as possible, the official respondents, particularly the 3rd respondent, are directed to complete the investigation, as expeditiously as possible and take further action, in accordance with law. Accordingly, the writ petition is disposed of. There shall be no order as to costs. __________________________ JUSTICE G. CHANDRAIAH Date: 05.10.2009 LSK