FIRST INFORMATION REPORT

T.S.P.M. Orders 470,500

(Under Section 154 and 157 Cr.P.C)

1. District Hyderabad P.S. CHILKALGUDA Year 2023 FIR No. 813/2023 Date 29-12-2023

2. Acts & Section(s): 405,407,409,417,418,420,467,468,406 IPC,156(3) CrPC

3. a) Occurrence of Offence: Day Tuesday Date & Time From

Date & Time To Prior To 02-05-2023 14:00:00 Time Period

b) Information Received at P.S.: Date & Time 29-12-2023 19:30:00

General Diary Reference: Entry No 30 Date & Time 29-12-2023 19:30:00

4. Type of Information: Through Post

5. Place of Occurrence:

a) Distance and Direction From P.S.: 1 km, East Beat No.

b) Address Place Seethafalmandi Area/Mandal Street/Village

City/District Hyderabad State Telangana PIN

c) In case, outside the limit of this Police Station, then

Name of P.S. District

6. Complainant / Informant:

a) Name Mithilesh Kumar

b) Father's /Husband's Name Rai

c) Date/Year of Birth Age 38 Years

d) Nationality India e) Caste

f) Passport No Date of Issue Place of Issue

g) Occupation Mobile No.

12-10-177/L.N.
Towers, Flat No. 402,
h) Address House No Area/Mandal Musheerabad Street/Village
Padmarao nagar,
Chilkalguda

City/District HYDERABAD State TELANGANA PIN

7. Details of known/suspected/unknown accused with full particulars:

Serial No : 1

a) Name M/s Sri Laxmee Narsimha Swamy constructions

b) Father's /Husband's Name

c) Occupation d) Caste e) Gender Male

f) Age Nationality India

g) Address

1-3-183/39/A/B
Gandhinagar,
House No Street/Village Area/Mandal
Kavadiguda,
Hyderabad

City/District State PIN

h) Phone(Off) Phone(Resi) Cell No

i) Email

Serial No : 2

a) Name A. Harinath

b) Father's /Husband's Name Late A Bikshapathi

c) Occupation d) Caste e) Gender Male

f) Age 49 Nationality India

g) Address

-3-183/39/A/B
Gandhinagar,
House No Street/Village Area/Mandal
Kavadiguda,
Hyderabad

City/District State PIN

h) Phone(Off) Phone(Resi) Cell No 9059558499

i) Email

Serial No : 3

a) Name M. Rangaiah Gound

b) Father's /Husband's Name Late M Sataiah Goud

c) Occupation d) Caste e) Gender Male

f) Age 55 Nationality India

g) Address

-5-95/1, Road
No.1, Mallikarjuna
House No Colony, Old Street/Village Area/Mandal
Bowenpally,
Secunderabad

City/District State PIN

h) Phone(Off) Phone(Resi) Cell No 9849201376

i) Email

Serial No : 4

a) Name A Harshavardhan

b) Father's /Husband's Name A Harinath

c) Occupation d) Caste e) Gender Male

f) Age 29 Nationality India

g) Address

183/39/A/B
Gandhinagar,
House No Street/Village Area/Mandal
Kavadguda,
Hyderabad

City/District State PIN

h) Phone(Off) Phone(Resi) Cell No 6304649070

i) Email

Serial No : 5

a) Name Rajeshwari Devi

b) Father's /Husband's Name A. Harinath

c) Occupation d) Caste e) Gender Female

f) Age 45 Nationality India

g) Address

1-3-183/39/A/B
Gandhinagar,
House No Street/Village Area/Mandal
Kavadiguda,
Hyderabad

City/District State PIN

 h) Phone(Off) Phone(Resi) Cell No

i) Email

Physical features, deformities and other details of the Suspect:

S. No. Sex Date/Year of Birth Build Height (cms) Complexion Identification Marks(s)

1 2 3 4 5 6 7

1 Male

2 Male

3 Male

4 Male

5 Female

Deformalities/
Teeth Hair Eyes Habbit(s) Dress Habit(s) Languages/ Dialect
Peculiarities

8 9 10 11 12 13 14

Place Of

Burn Mark Leucoderma Mole Scar Tattoo

15 16 17 18 19

8. Reasons for delay in reporting by the complainant / informant:

Delay from complainant

9. Particulars of properties stolen/involved (Attach separate sheet, if necessary):

10. Total value of property stolen:

11. Inquest Report/ U.D. Case

12. Contents of the complaint / statement of the complainant or informant:

IN THE COURT OF HON’BLE X ADDL. CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD. Honored Sir, Brief facts of the case are that on
29.12.2023 at 19.30 hrs, received a complaint from Sri. Mithilesh Kumar, S/o Rai, Age: 38 Yrs, Occ: Priave work, R/o H.No.12-10-177/L.N. Towers, Flat No.
402, Padmarao nagar, Chilkalguda. In which he stated that in the year 2019 he have seen a house under construction at Seethaphalmandi, Secunderabad and
accordingly he made a phone call to the builder and approached to A-1) M/s Sri Laxmee Narsimha Swamy constructions having Office at flat No.501, H.No. 1-3-
183/39/A/B Gandhinagar, Kavadiguda, Hyderabad, A-2) A. Harinath S/o Late A Bikshapathi, Aders 49 YEARS flat No.501, H.No. 1-3-183/39/A/B
Gandhinagar, Kavadiguda, Hyderabad Mob. No. 9059558499, A-3) M. Rangaiah Gound S/o Late M Sataiah Goud, AREA 55 YEARS R/o 8-5-95/1, Road No.1,
Mallikarjuna Colony, Old Bowenpally, Secunderabad 500011, Mob. No.9849201376, A-4) A Harshavardhan S/o A Harinath, Age: 30, Yrs Ro. flat no. 501, H.N.
1-3-183/39/A/B Gandhinagar, Kavadguda, Hyderabad Mob. No. 630464070, A-5) Rajeshwari Devi, W/o A. Harinath Age: 45 Years, R/o. flat No.501, H.No. 1-
3-183/39/A/B Gandhinagar, Kavadiguda, Hyderabad. It was agreed that the builder i.e. A2 would sell the house for Rs.41 lakhs and that he have to pay 30% of
the amount initially. He have paid an amount of Rs.12 lakhs in May 2019. He have paid the remaining amount in the next month in four installments. After he
paid the entire amount the accused has executed an agreement of sale in his favor. Later the accused has stopped receiving his calls as the accused promised to get
a loan for him. He have also approached A3 regarding the said house and the payment made by him and he promised to talk with A2 and settle the matter but due
to COVID-19 he could not contact any of them and he was not handed over the said house by the accused persons. By the end of the 2019 A2 has issued legal
notice to me claiming that as he have taken cheques from A2 and that he failed to make the payment and for the said notice he have sent reply and the accused
only repaid Rs.50,000/- to him. Hence he requested to take necessary action. -:Original English typed complaint is enclosed herewith:- Received on 29.12.2023 at
1930 hrs: Basing on the contents of the above petition, I, P. Balaraju, SI, registered a case in Cr.No. 813/2023, U/s 405, 407, 409, 417, 418, 420, 467, 468, 406
IPC & 156 (3) Cr.P.C. and case file entrusted to Smt. K.Sabitha, SI for further investigation. Sd/- (Sri P. Balaraju, Sub-Inspector of Police, Chilkalguda PS, Hyd)

13. Action taken:

Since The above information reveals commission of offence(s) U/s as mentioned at item No:

1) Registered the case and took up the investigation or Name KARUPPAIAH SABITHA

2) Directed to take up the Investigation or Rank: SI No. 8443

3) Refused investigation due to

4) Transferred to P.S District on point of jurisdiction.

F.I.R. read over to the complainant / informant, admitted to be correctly recorded

and a copy given to the complainant /informant, free of cost. R.O.A.C

Signature / Thumb impression of the Signature of Officer in charge, Police Station

14.
complainant / informant.
Name PACHCHU BALARAJU

Rank SI No --

15. Date and time of dispatch to the court:

 SR nil
IN THE COURT OF THE
HON BLE X ADDL. CHIEF
METROPOLITIAN MAGISTRATE, HYDERABAD DISTRICT
AT SECUNDERABAD

C.C. NO. OF 2023

Between:
1alo3 Mithilesh Kumar
S/o Kailash Rai
Aged about 38 years,
Occ: Private Service
61 R/o H. No.12-10-177/L.N.Towers
3110 Flat No.402, PadmaraoNagar,
Seethaphalmandi, Secunderabad 500062
Complainant

AND

M/s Sri ILaxmee Narsimha Swamy constructions

Office at flat No.501, H.No. 1-3-183/39/A/B
Having
Gandhinagar, Kavadiguda, Hyderabad
Mob. No. 9059558499

2 A. Harinath
S/o Late A Bikshapathi, A4o 49 7knd
flat No.501, H.No. 1-3-183/39/A/B
Gandhinagar, Kavadiguda, Hyderabad
Mob. No. 9059558499

3 M. Rangaiah Gound
S/o Late M Sataiah Goud, Asen SS YEaes
R/o 8-5-95/1, Road No. 1,
Mallikarjuna Colony,
Old Bowenpally, Secunderabad 500011,
Mob. No.9849201376
4 A Harshavardhan
S/o A Harinath AAFN Io VES
R/o. flat No.501, H.No. 1-3-183/39/A/B
Gandhinagar, Kavadiguda, Hyderabad
Mob. No. 6304649070

5 A. Rajeshwari Devi
W/o A. Harinath Leo AS YEPe
R/o. flat No.501, H.No. 1-3-183/39/A/B
Gandhinagar, Kavadiguda, Hyderabad
Mob. No. 6304649070

Accused

EOMRLNPENPER
Coalatt d n
SECTION 200 OF Cr.P.C.

1. Nature of Offence : Under Sec. 405, 407, 409, 417,418, 420, 467,
468 of IPC and 406 IPC.,
2. Place of Offence
Seethaphalmandi, Secunderabad
3. Jurisdiction of Police Station: P.S. Chilkalguda
4. Date of Offence 30-06-2022 continued.
5. List of Witnesses 1. Rashmi Rana Rai

2 S. Srinivas

3. Mohd. Hammiuddin

4. K. Srinivas

The Complainant humbly begs to state and submit as follows:-

Rwwev
 title. The
The address of the parties are correctly set out in the foregoing cause

its counsels, M/S J.C.Francis, M.B.

Complainant may also be served through
Laxmikala and Sumalatha ,Advocates having office at 3-3-389/B Chappal Bazar,
of Court Summons,
Kachiguda, Hyderabad 500027, Telangana for the purpose
Notices etc., from this Hon'ble Court.

of Criminal Breach of
1. TheComplainant respectfully submit that this is a case
falsified Documentation and
Trust, Criminal Breach of Contract, Misappropriation,
loss by accused no.l to 4.
cheating, in which the complainants was put to wrongful
the offences of
2. The facts are that the Accused No. 1 to 5 herein have committed
it is submitted that since
section 405, 407, 409, 417,418, 420 of IPC and 406 IPC,
the cause of action of all the complainants herein is one and the same, I am filing a

single petition. it is submitted that this petition is being filed questioning the
inaction of the respondent police in not registering and investigating the complaint
of the petitioner dated 23/01/2023 as illegal contrary to law and judicial

submitted that all the accused in our complaint dated 23/01/2023

precedents. It is
have connived, conspired, and manipulated the Registered property document
submitted to the petitioner on several occasions with reference to the Registered
Sale deed and Registered Development cum General Power of Attorney in

executing a sale agreement with the petitioner on 05-05-2019, with the sole

intention to usurp the petitioner family funds for their personal gain and benefit,

knowing fully well, the apartment was formed to cater to the needs of residential
families in need of economical support for enjoyment of their family life.
 3. It is relevant to state that the land owner and the builder, were present at ( e c E

time ofnegotiating the purchase of apartment transaction, and they jointly made
statement of executing a sale deed of the
unfinished flat to avail a loan of 40 lakhs,
towards which 10% (Ten
percent) margin money was to be deposited in the bank
for availing 90%
Housing loan that would pay for the total cost of the
amounting to apartment,
Rs.41,00,000/- The said
apartment had to be handed over to me
within two months from the
date of making the
advance payment of
that was made on
18-03-2019 and having a written Rs.2,50,000/-
and as per the agreement made on 05-05-2019
agreement on further payment made
GHMC Taxes and mutation towards, The payment for
of the flat,
deposit and charges, registration electricity deposit, water and HMWSSB
of unfinished
charges and fees towards execution of sale
flat, were made by us, towards deed
which said
agreements, a total amount of Rs. understanding and oral
14,00,000/- (Rs. fourteen
lakhs) was paid to the
accused's, who have collected the
said amounts and
apartment into my custody within a promised to deliver the
of amounts
period of two months from the date of
demanded. Wherein I fulfilled receipt
my part of the
land owners sale deed
vide doc. No.2375/2018
agreement. Copies of the
and registered
No.1570/2019 and property tax dues D.G.P.A vide doc.
herewith. alongwith the written agreement is filed

5) Believing and trusting their

commitments, with the oral and written
undertaking given by Builder and the landlord in the
party purchasers present at the presence of several other third
time of
accused No.l to 5 to negotiation, I was made to believe the
being honest and law abiding Indian
citizens, going by the
accused professing to have the local competency to execute the apartment
construction in abiding by Indian laws, rules and regulations I made a futher
payment of Rs. Fourteen lakhs. (Rs. 14,00,000/-) i.e. from March 2019 to June
2021. Details of the paynment made of the funds collected by the accused is filed
herewith.

7). The complainants further submit to this Hon'ble Court that the Accused have

intentionally misappropriated, cheated and swindled the funds which were meant
for the sole purpose of construction and compliance with the authorities concerned

and to obtain the financial assistance needed to complete the execution of the

unfinished construction. By way of making payment to the authorities concerned

for perfection of the title with the concerned departments, and for obtaining
financial assistance from the financial institutions based on the margin money
deposited with the accused to be kept in the bank account along with the title deeds

of the property held by the accused No.I to 5 for obtaining funds to complete the
execution of the multi storied residential complex. In spite of having received the
funds of Rs.14,00,000/- (fourteen lakhs) between the period of March 2019 to
June 2021 the project remained as it was in the same stage of completion that was
seen in the month of May and June 2019 prior to the entry of the transaction with
the Accused, wherein all the Accused No.l to 4 were present at the apartment site

located at Seethaphalmandi. Secunderabad..

8 The Complainants submits that the accused has dishonestly and fraudulently
induced the complainant to come and join as a flat owner member of the
 of their fama
**
petitioner
cheat and swindle the
apartment, only in order to usurp, the
loss to
cause wrongful
funds with the sole aim to
savings and personal benefits. by
l to 5 personal gain and
petitionerherein for the accused No.
U/sec. 405,
fraudulent means thereby the accused has committed offence
adopting
to the site
407, 409, 417,418, 420,of IPC and 406 IPC inspite of the several visits
No. 1,2, 4 & 5
and to the residence of the Accused no.1 to 5, the Accused
and became contact less from the period of May
absconded from their premises
2021 till date. Letters sent to the accused were returned by the postal department as
letters sent
no such person available at the address. The accused no.3 received the
accused
by thhepetitionerbut failed to respond. It is pertinent to mention that the
mentioned in
got issued a notice to the petitioner giving the same wrong addresses

authorities vide registered deeds. copy of the

the agreements registered with the
notice received is filed herewith.

9. The petitioner fearing for the adverse response and non communication, after

visited the site and residences of the accused were shocked and pained to
having
see that the Accused No.I to 5 had deliberately given false address, thus fearing
the worst with the absconding builder, the petitioner traced the land owner and

asked for an execution of the unfinished apartment towards which Rs. 14.00,000/-
was paid and received by the accused no.I to 5. The accused no.3 informed the

petitioner that the payments were received by accused no. 1, 2 and 4 & 5. Hence

the accused no.3 refused to co-operate and expressed his inability to assist the

other option constrained to inform the

petitioner. The petitioner having no were

authorities 23-01-2023 to investigate into the unlawful activities of the

police on
accused no.1 to 5, the accused no.1,2 and 4& 5 declined to respond to the police
enquiries, and accused no.3 refused to communicate to the police to answer for the
said above transaction. Hence the police authorities have instructed the petitioner
to approach the Hon'ble Courts, for directions to proceed against the accused No.l
to 5. Hence this petition. Copy of the complaint filed and numbered as O0341 with
the police along with the acknowledgement by the commissioner of police is filed

herewith.

10. JURISDICTION: The apartment location and site office of the accused is
in Chilkalguda zone of Seethphalmandi, Secunderabad District, which falls under
Chilkalguda Police Station, hence this Hon'ble Court is having anmple and
territorial jurisdiction to try the case.

11. PRAYER:

It is therefore prayed that this Hon'ble Court may be pleased to refer U/sec. 156(3)
CrPC to the P.S. Chilkalguda for requesting a FIR under Sec. 405, 407, 409,
417,418, 420, of IPC and 406 IPC against the accused and initiate prosecution
against accused and to pass such other order or orders as may deem fit and proper
in the circumstances of the case as otherwise, the complainant would be put to
severe hardship and irreparable loss.

TOMPLAINANT

Date:02/05/2023

Place: Secunderabad
 LIST OF DOCUMENTS

SI.No. Date of Parties to Document. Description of Remarks

document document
O5-05-2019 Accused No.1 to 3 Agreement of Sale Attested
and Petitioner copy
2. 18-03-2019 Accused No.1 to 3 Receipt of amounts Attested
|And petitioner received copy
3 01-04-2019 Accused No.1 to 3 Receipt of amounts Attested
And petitioner received copy
4 14-06-2019 Accused No.1 to 3 Receipt of amounts Attested
And petitioner received cOpy
5 19-07-2018 Accused No.3 and M. E.C. of Sale deed vide Attested
Murthy property doc. No. No.2375/2018 copy
6 09-05-2019 Accused no.1 & 2 E.C. of DAGPA No. Attested
with Accused no.3 1570/2019 copy
10-02-2023 M.N. Rao and GHMC Property Tax dues Attested
Tax Records In the name of M.N.RaoCopy
8 10-02-2023 UDAI and Accused 3 Aadhar Card of Attested
No.2 and No.4 Accused No.2 and 4,5. copy
9 March to HDFC Bank and Four, HDFC Bank Attested
June 2019 Complainant Statement of payment Copy
made to Accused
10 23-01-2023 SHO and Petitioner Police complaint Attested
acknowledge by SH0 Copy
Chilkalguda
11 11-03-2023 Commissioner of Police complaint Attested
Police and Petitioner acknowleged by copy
commissioner of Police,

DEPONENT
DATE:02/05/2023
PLACE: Secunderabad

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