SIDDIBIRAM SHAIK SAHEB AND ORS. Vs. SHO, NANDYAL II TOWN P.S. AND ORS.
LAWS(APH)-2019-10-62
HIGH COURT OF ANDHRA PRADESH
Decided on October 16,2019

Siddibiram Shaik Saheb And Ors. Appellant
VERSUS
Sho, Nandyal Ii Town P.S. And Ors. Respondents

JUDGEMENT

- (1.)This petition under Section 482 of Criminal Procedure Code (for short "Cr.P.C) is filed to quash the proceedings against the petitioners/accused Nos.l, 2, 4 and 5 in Crime No.52 of 2013 of Nandyal II Town Police Station, Kurnool District, registered for the offences punishable under Sections 420 and 379 IPC.
(2.)One Shajida Bi reported to the Circle Inspector of Police, II Town Police Station, Nandyal alleging that the house bearing door No.2/52 is the ancestral property. Her maternal uncle S.Pakkirsa had acquired the property to an extent of Ac.0.28 cents. He and his wife Rabia Bi mortgaged the property with K.D.C.C Bank, Kurnool District, which was purchased by 1) Shajida Bi, W/o Nabi Naik; 2) Nabi Naik, S/o Khadar Naik; and 3) S.Abdul Rahim, S/o Soudagar Pakkir Saheb under a registered sale deed dated 18-06-1991. One Nasyam Jabbar purchased an extent of Ac.1.00 cents in Sy.No.2326/9 Pyki under a registered sale deed dated 25-07-1991, an extent of Ac.1.55 cents was purchased by the complainant Shajida Bi in Sy.No.2326/9 by registered sale deed dated 07-04-1992. Siddbiram Pakkir Saheb and his wife Rabia Bi are the residents of H.No.2/52 donated Ac.0.02 cents of land to Bilal Mosque. Dr.Nouman and K.Abdul Kareem attested the deed of donation. Ac.0.28 cents was retained by Kajun Bi, S/o S.Fakirsab for himself and he has no issues. Ac.0.82 cents in Sy.No.2326/9 is in possession and enjoyment of Shajida Bi and S.Rokakhi. The husbands of Shajida Bi and S.Rokakhi by name Nabi Naik and S.Abdul Rahim respectively died. On03-01-2012 Sahik Sahib, Abdul Azeez, Srinivasulu and K.D.C.C. Bank Manager R.R.Thimmareddy intentionally and unlawfully committed theft of documents relating to mortgage by producing death certificate etc., and committed the offence punishable under Sections 420 and 379 IPC.
(3.)Based on the complaint lodged with the police the police registered the above crime for the offences punishable under Sections 420 and 379 IPC. The present petition is filed under Section 482 Cr.P.C to quash the proceedings on the ground that none of the allegations made in the complaint do not attract the alleged offences. Filing of complaint and registration of crime in the said circumstances is nothing but abuse of process of Court.
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