THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7659 of 2011 ORDER: Petitioner approaches this Court by invoking the provisions under Section 482 of the Code of Criminal Procedure seeking to quash the proceedings against him in Crime No.265 of 2011 of Narayanguda, Hyderabad, where in he is arrayed as accused for the offence punishable under Sections 177, 406, 419, 471 and 420 IPC. The complaint lodged by the Tahsildar runs as follows: “One Sri K.Sudama S/o.K.Achaiah has filed application for regularisation under G.O.Ms.No.166 in respect of Premises No.3-5-992 and the same has been enquired and submitted a report to the District Collector with a request to consider his request. Since he is in occupation at the time of enquiry his name was proposed for Regularisation and during the course of enquiry he has not disclosed that he is a tenant of that property therefore the authorities are under impression that he is a owner and recommended for regularisation and the Committee constituted under said G.O. is also considered his request and Collector, Hyderabad has issued a memo for payment of amount as fixed by the committee and he paid the amount partly vide reference 3rd cited. One Sri K.Somi Reddy has filed a objection petition before the District Collector stating that he is the original owner of said property bearing premises No.3-5- 992 and he purchased it from its original owner Sri Harbans Pershad vide register sale deed No.2759 of 2007, dated 10.10.2007 thereafter the objection petitioner had asked Sri K.Sudama to vacate the premises as he purchased the property, in turn Sri K.Sudama has requested to the objection petitioner to retain him as a tenant as his son’s marriage was fixed, after completion of marriage also he has not vacated the property and created litigations. Therefore Sri Somi Reddy filed petition for eviction of the petitioner before IV Additional Rent Controller, Hyderabad in R.C.No.202 of 2009 and after hearing all versions the said suit was decreed in favour of Sri Somi Reddy and directed the Sri K.Sudama to vacate the said premises concealing all this facts he has applied for regularisation to grab the land for his wrongful gain which amounts to cheating of Government Officials and criminal breach of trust. And on the petition filed by Sri Somi Reddy this office conducted detailed enquiry and submitted report vide reference 3rd cited the said enquiry is confirmed that Sri K.Sudama is only tenant not the original occupier therefore I have recommended for cancellation of regularisation accordingly the District Collector, has cancelled the Regularisation and instructed me to initiate criminal action against said Sri K.Sudama.” Learned counsel for the petitioner submitted that the main allegation is that the petitioner conceded the fact that R.C.No.202 of 2009 pending on the file of the civil Court was not informed to the officials concerned. This court perused the records and also other documents and heard the arguments. The complaint lodged against the petitioner is not only on the ground of document, but also on the ground of objection given by one K.Somi Reddy and also taking into consideration the other grounds and further more, the case is registered very recently on 31.07.2011. Hence, this Court is not inclined to interfere with the investigation at the threshold and accordingly, the criminal petition is liable to be dismissed. Accordingly, the Criminal Petition is dismissed. If the petitioner apprehends arrest in the hands of the respondent-police, he is at liberty to approach the court concerned for anticipatory bail. On filing of such application, taking into consideration the age of the petitioner and also the entire crime is based on the documents, consider the bail application favourably. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO 27th August 2011 Rns