IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION Nos.4325, 4689, 4690, 4691, 4692, 4693, 4694, 4695, 7951 & 7959 of 2009 Between: R. Raghunath Reddy … PETITIONER And The State of A.P. & another … RESPONDENTS This Court made the following: HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION Nos.4325, 4689, 4690, 4691, 4692, 4693, 4694, 4695, 7951 & 7959 of 2009 COMMON ORDER: 1. The petitioner in all these ten petitions is the retired Government Teacher and during his prime days, he was President of United Teachers Federation at Wanaparthy. With all good intention, he mobilized for allotment of house plots to members of that organization at Wanaparthy. He obtained General Power of Attorney Deed in respect of land in S.No.323 of Chittyal Village located in the outskirts of Wanaparthy from A1 and A2 and their late father. Subsequently, the land was divided into plots and lots were drawn for allotment of the plots to the members who are also Government Teachers. In pursuance of the said exercise, the petitioner as General Power of Attorney holder executed individual Sale Deeds in favour of allottees in respect their plots in the year 1983 itself. While so, there was disturbance in possession of the plots during the year 2003. It is alleged that A1 and A2 after death of their father have sold the self-same land with different sub-division numbers to two others who are also arrayed as accused herein namely, Randheer and R. Venkata Swamy. It is stated that those two new purchasers of the self-same land from A1 and A2 disturbed possession of the plots by the respective Teachers by way of removing fencing etc. Thereupon, the de facto complainants approached the petitioner for redressal and it is stated that the petitioner did not take up their cause. Therefore, suspecting the role of the petitioner in the second sale, the de facto complainants filed private complaints in the Court of Judicial Magistrate of the I Class, Wanaparthy against five accused persons including the petitioner herein alleging offences punishable under Sections 420, 468, 471, 474, 448, 488 and 489 I.P.C. The Magistrate forwarded the said complaints to the police for investigation and report under Section 156 (3) Cr.P.C. Thereupon, respective crime numbers were registered in the Police Station, Wanaparthy town. 2. It is contended by the petitioner’s counsel that the petitioner’s role as General Power of Attorney holder ended in the year 1983 by execution of respective registered Sale Deeds after dividing the land into plots and allotting the plots by drawing of lots and that subsequently, the petitioner retired from service and has nothing to do with the affairs relating to the plots. But in the year 2003, when there was threat to the de facto complainants about ownership, they raised eyebrows at the petitioner about his role in the second sale by A1 and A2 in the year 2003. It is a question to be investigated into and I do not find any valid reasons to stall the investigation at its inception insofar as the petitioner is concerned, inspite of the fact that one civil suit filed by two of the victims ended in dismissal for default. At the same time, the petitioner being the person who played pivotal role in securing plots and allotment of plots to the Government Teachers as President of United Teachers Federation of Wanaparthy, I would like to observe that he may not be arrested during investigation in all these crimes. 3. In the result, all the criminal petitions are dismissed. However, the Investigating Officer in Wanaparthy Town Police Station is directed not to arrest the petitioner during investigation until filing of charge sheet. ______________________________ SAMUDRALA GOVINDARAJULU, J August 26, 2010 KL HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION Nos.4325, 4689, 4690, 4691, 4692, 4693, 4694, 4695, 7951 & 7959 of 2009 August 26, 2010 KL