M. Satyanarayana Murthy, J. - (1.) This criminal petition is filed under Section 482 of Criminal Procedure Code (for short Cr.P.C. ) to quash the proceedings in Crime No.632 of 2016 on the file of Jubilee Hills Police Station, Hyderabad, registered for the offences punishable under Sections 448, 406, 352, 506 and 109 of Indian Penal Code (for short I.P.C. ) and under Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short the Act. ).
(2.) Respondent No.2 Smt. M.P. Vasanthi lodged a complaint dated 01.09.2016 with the Assistant Commissioner of Police, Banjara Hills, Hyderabad making certain allegations against the petitioner, who is no other than her son. The allegations in the complaint in brief, are as follows: Mr. M.P. Tej Babu, my own son was discharging the duty of 'custodian' of family estate left behind my husband, lat (Shri) M.P.Damodaram and assets owned by me. On noticing that he mismanaged sizeable funds from out of the estate earnings, approximately quantified at Rs.6.00 Crores, I parted ways and shifted to one of my daughter's residence. Since I preferred to take over Plot No.1205, Road No.60, Jubilee Hills, Hyderabad 500033, actually owned by me per Sale deed No.1055 of 2003, my son, Mr. M.P. Tej Babu, who was performing the duty of caretaker of estate, resisted, overpowering with brute force, added with Police support availed through his close acquaintances. Particulars of registered sale deed No.1055 of 2003 and corresponding encumbrance certificate are enclosed for your perusal. Subject matter became legal tangle vide WP No.35233 of 2015 filed by me. Initially honored Court instructed the Jubilee Hills Police not to interfere vide its interim directions and later expressed its displeasure the way police abused their power submitted themselves before Mr.Tej Babu at the instance of Mr.Kode Durga Prasad Rao, IPS; Director General of Police, CRPF, New Delhi. Copies of judicial orders since submitted. Despite honored Court instructions followed by Magisterial orders instructing to offer protection to life and property dated January 13, 2016, my plot remains under illegal captivity. Furthermore, my request for registering First Information Report against crimes listed hereunder remains frozen. Crime.1: My plot No.1205, Road No.60, Jubilee Hills, Hyderabad 500033 is under illegal captivity of Mr. M.P. Tej Babu, which he captivated utilizing support of local police force and a bunch of henchmen since October 2015. Such acts are prosecutable per (a) Criminal trespass (b) illegal, brute force and (c) illegal encroachment of land without title. Such crimes are prosecutable per Sections 441 and 447 under Indian Penal Code. Crime.2: Mr. Tej Babu is abusing his custodial responsibilities entrusted to him under trust, with a lone programme to gain out of the property by withholding registered sale deed No.1055 of 2003, registered in my name, which is prosecutable crime per Sections 452, 506 and 34 of Indian Penal Code. Crime.3: Mr. Tej Babu and a set of goons employed by him kept threatening and restraining from entering the plot actually owned by me since October 2015, warning me with dire consequences. Such lawless acts are convictable per Section 503 under Criminal Procedure Code, 1973. Ignoring all my efforts for release of plot from out of illegal encroachment stood resisted by Mr. Tej Babu contrary to provisions under Law. Since I am 80-years old, I sought for police help with a request to register First Information Report followed by judicious action remained a futile exercise. Surprisingly enough, local Police Officials, vetoed down their ethical obligation to protect commoners against law & order issues, preferred to go silent, indirectly offering support to criminal breach of law duly supported by thugs, who don't respect Law. The Police officials went on to the extent of refusing to register FIR, which construed to be basis minimal duty, compelling me approach you seeking redress of legitimate grievance. I enclose a copy of news item referring to notification issued by Ministry of Home affairs, Government of India dated January 10, 2013 clearly instructing Refusing to file FIR also a prosecutable crime and shall be obliged if you could kindly instruction Station House Officer, Jubilee Hills to register FIR against Mr.Tej Babu, resident of Plot No.1313, Jubilee Hills, Hyderabad 500033 and to initiate steps for vacating my plot kept under illegal encroachment, action for release my registered sale deed held under illegal captivity by Mr.Tej Babu, followed with registering FIR. I kneel down and request you, please ensure proper action to put a stop, over almost 1-year-old ordeal encountered by me.
(3.) The present petition is filed to quash the proceedings in Crime No.632 of 2016 on the file of Station House Officer, Jubilee Hills, Hyderabad, on various grounds and mainly contending that the respondent No.2 is a pensioner, apart from it she is receiving Rs.3,50,000/- as rents every month being credited to her account. Thus, she possessed substantial amount of more than Rs.2 crores in her account besides possessing gold and other jewellery.;