THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.2314 of 2010 (Dated : 14-12-2010) Between: Chintagunta Ramnath Navi Mumbai …Petitioner A n d State of A.P rep. by the Public Prosecutor and another …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.2314 of 2010 ORDER: This revision is directed against the order dated 23.11.2010 passed in Crl.M.P.No.2086 of 2010 in C.C.No.862 of 2008 on the file of the VII Metropolitan Magistrate, Cyberabad at Hayathnagar, whereby and whereunder, the learned Magistrate dismissed the application filed by the petitioner under Section 173(8) Cr.P.C. 2. Brief facts of the case leading to filing of this revision are:- The petitioner claims to have purchased Plot No.474 admeasuring 267 Square yards situated in Sahebnagar Khurd village, Hyderabad under a registered sale deed bearing Document No.518/85 dated 19.1.1985 from M/s.Bhagyalaxmi Cooperative Housing Society Limited. He presented a report before the Station House Officer Vanasthalipuram P.S. on 14.8.2008 alleging that Guntla Srinivasa Reddy S/o G.Janardhan Reddy and V.Aruna W/o V.Surya Prakash Reddy fabricated the sale deed and occupied his plot. The S.H.O., Vanasthalipuram received the complaint and registered a case in Crime No.469 of 2008 for the offences under Sections 447, 427 and 420 IPC and took up investigation. After completing investigation, a charge sheet came to be filed by Lw-8-A.Man Mohan, S.I of Police, Vanasthalipuram against Kodali Koteshwara Rao. 3. Dissatisfied with the final report filed by the S.H.O., Vanasthalipuram, the petitioner filed petition under Section 173(8) Cr.P.C seeking direction to the S.H.O., Vanasthalipuram for further investigation. The said application has been dismissed by the VII Metropolitan Magistrate, Cyberabad, by order dated 23.11.2010. The said order is assailed in this revision. 4. Heard Sri C.B.Rammohan Reddy, learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the 1st respondent-State. 5. Learned counsel appearing for the petitioner submits that the investigation done by the Investigating Officer is perfunctory and the grievance of the petitioner has not been correctly addressed to by the Investigating Officer and therefore, a direction is required to be given to take up further investigation. 6. I have gone through the final report filed by the Sub Inspector of Police, Vanasthalipuram under Section 173 Cr.P.C. It is the grievance of the petitioner that Guntla Srinivasa Reddy and V.Aruna are the persons responsible for fabricating the sale deed in respect of the plot owned by him and also occupation of the said plot. The Investigating Officer examined the witnesses and came to the conclusion that it is Kodali Koteshwara Rao, who executed a registered sale deed dated 15.5.2007 in favour of Srinivas Reddy and Srinivas Reddy, in turn, sold the plot to Aruna under registered sale deed dated 17.7.2007. For better appreciation, I may refer the relevant portion of the final report filed by the Investigating Officer, which reads as hereunder:- “ At the scene of offence, one Smt.Aruna was found to have been constructing a house and on enquiry with her, she stated that her brother Srinivas Reddy executed Regd. Sale deed in her favour vide Regd.Sale Deed Doct.No.5186/2007 dated 17-10-2007. In view of the above, when enquired with Sri Gantala Srinivas Reddy , who is brother of Smt. V.Aruna, he stated that the said plot No.474 was sold to him by Sri Kodali Venkateswara Rao S/o Anjaiah vide Regd. Sale Deed Doct. No.2525/2007 dated 15-05-2007 which he has sold to his sister Smt. V.Aruna. The said Kodali Venkateswararao is no other than the son of late Kodali Anjaiah who worked as President of M/s.Bhagyalakshmi Cooperative Housing Society Ltd and the present President of the society, hence as being holding charge of President of the Society he cannot deny that he is unaware of the fact that the plot No.474 which was found open was not allotted to anybody by the society, since the records of the Society clearly speaks that the said plot was already allotted to the Lw-1 quite earlier in the year 1985 itself. In view of the facts observed during the investigation carried out and on verification of the document copies vide Doct. No.2525/2007 registered by the accused Kodali Koteswara Rao in favour of Sri G.Srinivas Reddy and the subsequent sale of Sri Srinivas Reddy to his sister Smt.Aruna, the said Gantla Srinivas Reddy and Smt. V.Aruna , whose names were mentioned in the complaint by the Lw-1 (as per FIR) were found to be bona fide purchasers of the Plot No.474 and they are unaware of the fact that the said plot was already sold one, hence, they were eliminated from the case and were taken as witnesses Lws.3 and 4. The accused Kodali Venkateshwara Rao who acted as President of Bhagyalakshmi Cooperative Housing Society Ltd., who has registered the plot to Sri G.Srinivas Reddy is responsible and liable for prosecution U/sec 420 IPC.” 7. The investigation revealed that it is Kodali Koteshwara Rao who executed registered sale deed in favour of G.Srinivas Reddy on 15.5.2007 and in turn, the said Srinivas Reddy executed sale deed in favour of Aruna. G.Srinivas Reddy and Aruna have been cited as Lws.3 and 4. The investigation done by the Investigating Officer cannot be faulted. The learned Magistrate considered the material brought on record in a right perspective and dismissed the application. I do not see any illegality or irregularity in the order impugned warranting interference of this court in exercise of powers under Section 397 read with 401 Cr.P.C. 8. Accordingly, the Criminal Revision Case fails and the same is hereby dismissed. _____________________ B.SESHASAYANA REDDY, J Dt.14-12-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.2314 of 2010 (Dated : 14-12-2010)