Criminal case hostile to post factum Consumer unsustainable solely based on his relation to the accused in another dispute over a similar property: Telangana High court
Case no:WP12428 of 2015
THE HON’BLE SRI JUSTICE E.V.VENUGOPAL
Introduction
The Telangana High Court which is the court in command held that a criminal case is not capable of being maintained against a subsequent consumer of a suit property, solely because the consumer is related to the person who is accused in another dispute over the said property.
Facts of the Case
“Firstly, the said complaint was filed after a lapse of 12 long years which is hit by Section 468 Cr. P.C and barred by limitation and the learned trial court ought to have verified this aspect before referring the matter to the respondent police and even under Section 156 (3) Cr.P.C. the learned trial Court ought to have recorded reasons before referring the matter to the police”
Assertations against the petitioners turn around a stratagem that entails the de facto complainants, coparceners, and one A.M khusro.
It is affirmed that they had imitated Syed Ali Mohammad and filled a legal reverse petition in front of the joint collector of Ranga Reddy district to claim agricultural land and gave rise to wrongful loss to the defacto complainant and his father.
The petitioners contended that they are bonafide buyers of the property and not entailed in the asserted offense. They claimed that the complaint was filed after a significant delay, which violates the provisions of Section 468 of CrPC. They also suggested that the complainant’s intention behind filing the complaint is to harass the petitioners.
The complainant council asserted that the petitioners as their close relative of the intellect behind the property which is in dispute and they were already known about the civil proceeding and also the so-called conspiracy to defraud the complainant, and the stated delay in filling the complaint was not intentional but rather the result of scrutinizing the entire case.
Court analysis and decision
The court alluded to three reasons for allowing the claim of the petitioners and quash the case against them.
“So far as the petitioners are concerned, they have got into the scene only by virtue of sale deeds which have been executed in their favor upon verification that their vendors have the absolute title as on that date and by the date when the petitioners have become the bona fide purchasers of the property so much of water has flown till the complaint was filed and multiple transactions seem to have taken place.”
As a result, the court allowed the writ petition and quashed the proceedings against the petitioners.
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Written By
Kaulav roy chowdhury