THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5516 OF 2010 Date: 13.12.2011 Between: Siripuram Rajesham …..Petitioner And The State of A.P. rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5516 OF 2010 ORDER: Heard Smt.J.Sridevi, the learned counsel appearing for petitioner’s counsel and the learned Additional Public Prosecutor. Smt.J.Sridevi today filed a memo stating that notice has been taken out to the de facto complainant who is the second respondent herein. 2. Petitioner herein is the accused in Crime No.177 of 2010 of Mancherial Police Station, Adilabad District which is registered for the offences punishable under Sections 341, 506 and 380 of the Indian Penal Code, 1860. He field this petition for quashing the above F.I.R. 3. The allegations in the F.I.R. would disclose that the petitioner is the owner of a premises and he granted license to M/s.Bharti Airtel Limited for erecting its communication towers on the roof of his building at Mancherial. The de facto complainant is one Mr.Zakeer Hussain and he described himself as the estate officer of a concern called M/s. Indus Towers Limited which is described as a joint venture of Bharti Airtel, Idea and Vodafone communication concerns. 4. The main contention of Smt.J.Sridevi is that this Zakeer Hussain has nothing to do with Bharti Airtel which is the licencee under the agreement and consequently he cannot give any complaint and the F.I.R. should be quashed only on that ground as he cannot be said to have any locus standi in the matter. This contention no doubt apparently sounds forceful. 5. It may however be noted that in the complaint the complainant has described himself as the estate officer of M/s. Indus Towers Limited which is a joint venture of Bharti Airtel, Idea and Vodafone communications and he also says that he has been looking after the interests of the licencees. It is difficult at this stage to accept the contention of the learned counsel for the petitioner and conclude that M/s.Indus Towers Limited has nothing to do with Bharti Airtel. In these circumstances and having regard to the fact that the allegations are made in the complaint which disclose offences, I am of the opinion that the points raised by the learned counsel for the petitioner involve disputed questions of fact which cannot be gone into in this petition. 6. In the above circumstances it follows that this petition has to fail and it is accordingly dismissed. So far as the arrest of the petitioner is concerned, the concerned police are directed to strictly keep in view Section 41 of Code of Criminal Procedure, 1973 as it stands today. ___________________________ JUSTICE N.RAVI SHANKAR 13th December, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5516 OF 2010 DATE: 13.12.2011