HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No. 5286 of 2009 O R D E R: The petitioner is accused of offence punishable under Section 420 IPC in Crime No. 102 of 2009 of II Town Police Station, Mahabubnagar. The petitioner is brother of the 2nd respondent. Subject matter of dispute in this crime is one portion of the house property. 2. According to the 2nd respondent, he purchased the site originally and constructed a house consisting of two portions therein and let out one portion to the petitioner/accused and that subsequently he came to know that the portion in occupation of the petitioner was mutated in his name in the year 1990 without the knowledge of the 2nd respondent. According to the petitioners counsel the petitioner also contributed money for purchase of the site and for construction of house property therein and that he is a joint owner of the entire property in which this particular portion is a part. It appears there is no original registered title deed for purchase of the site. At this stage, it is not known in whose name the site was purchased and who obtained permission from Mahabubnagar Municipal corporation for construction of the house in that site. It is also not known on what basis the petitioner’s name came to be included in municipal records for this portion of the property suddenly in the year 1990. All these matters are to be investigated into by the police during the course of investigation of this crime. It is open for both the parties to produce necessary documents before the Investigating Officer in support of each person’s case. I do not find any valid or legal reasons to stall the investigation at this threshold. 3. In the result, the criminal petition is dismissed. However, the Investigating Officer is directed not to arrest the petitioner/accused pending investigation of this crime and until filing of charge sheet. _________________________________ SAMUDRALA GOVINDARAJULU, J Dt. 22-10-2010 Mjl/*