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. 809/2023 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 Thursday Date & Time From

Date & Time To Prior To 30-06-2022 14:00:00 Time Period

b) Information Received at P.S.: Date & Time 29-12-2023 18:00:00

General Diary Reference: Entry No 22 Date & Time 29-12-2023 18:00:00

4. Type of Information: Through Post

5. Place of Occurrence:

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

Seethafalmandi,
b) Address Place Area/Mandal Street/Village SEETHAPHAL MANDI
Chilkalguda

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 Sri. Tirumalachari

b) Father's /Husband's Name Narayana Chari

c) Date/Year of Birth Age 50 Years

d) Nationality India e) Caste

f) Passport No Date of Issue Place of Issue

g) Occupation Mobile No. 8125171760

11-11478/479,
Mylargad,
h) Address House No Area/Mandal Musheerabad Street/Village
Chilkalguda,
Secunderabad

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

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 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 Female

f) Age 53 Nationality India

g) Address

8-5-95/1, 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 30 Nationality India

g) Address

1-3-183/39/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

flat No.501, H.No.

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 6304649070

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 Female

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 18.00 hrs, received a complaint from Sri. Tirumalachari, S/o Narayana Chari, Age: 50 years, Occ: Temple Pujari, R/o H.No. 11-11478/479,
Mylargad, Chilkalguda, Secunderabad. Ph.No.8125171760, in which he stated that in the year 2019 he has 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, Adders 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 A-2 would sell the house for Rs.42,70,000/- and that
complainant have to pay 30% of the amount initially. He have paid an amount of Rs.14,26,000/- in April 2019. He has paid the remaining amount in the same
month in three installments. After he paid the entire amount the accused has executed an agreement of sale in favor of Tirumalachari. Later the accused persons
have stopped receiving his calls as they promised to get a loan for him. He have also approached A-3 regarding the said house and the payment made by him and
he promised to talk with A-2 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 A-2 has issued legal notice to him claiming that as he have taken cheques from him and that he failed to make the
payment and for the said notice he have sent reply. Hence he requested to take necessary action against them. -:Original English typed complaint is enclosed
herewith:- Received on 29.12.2023 at 18.00 hrs: Basing on the contents of the above petition, I, P. Balaraju, SI, registered a case in Cr.No. 809/2023, 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:

 144
IN THE COURT OF THE HON BLE X ADDL. CHIEF
METROPOLITIAN MAGISTRATE, HYDERABAD DISTRI
AT SECUNDERABAD

C.C. NO. OF 2023

10143)Between:
&4|8t3).S. Thirumala Charyulu
(a 125 3/0 Late Narsimha Aged about 34 years,
Occ: Private Service
5 lol? R/o H. No.11-1-478/479
elh
oo dMylargadda,
d Chilkalguda,
Secunderabad 500061

Mob. No. S125) 174D

71760
. Complainant

(31l10
AND

M/s Sri Laxmee Narsimha Swamy constructions

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

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

M. Rangaiah Gound
S/o Late M Sataiah Goud,
R/o 8-5-95/1, Road No.1,
Mallikarjuna Colony,
Old Bowenpally, Secunderabad 500011,
Mob. No.9849201376
 A Harshavardhan T h ea d d r e

S/o A Harinath
Ro. flat No. 501, H.No. 1-3-183/39/A/B Compla

Gandhinagar, Kavadiguda, Hyderabad Laxn

Mob. No. 6304649070

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

Accused

COMPLAINT UNDER 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

3.
Seethaphalmandi, Secunderabad
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:-

S-e3baeond
The address of the parties are correctly set out in the foregoing cause title. The

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

T h e Complainant respectfully submit that this is a case of Criminal Breach of

Trust, Criminal Breach of Contract, Misappropriation, falsified Documentation and

in which the to wrongful loss by accused no.l to 4.
cheating, complainants was put

2. The facts are that the Accused No.1 to 5 herein have committed the offences of
section 405, 407, 409, 417,418, 420 of IPC and 406 IPC, it is submitted that since

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 14/03/2023 as illegal contrary to law and judicial

precedents. It is submitted that all the accused in our complaint dated 14/03/2023
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 24-04-2019, with the sole
intention to usurp the petitioner family funds for their personal gain and benefit,

the apartment formed to cater to the needs of residential

knowing fully well, was

families in need of economical support for enjoyment of their family life.

S C93)vOÐ
 present at the
to state that the land owner and the builder, were
3. It is relevant
made
time of negotiating the purchase of apartment transaction, and they jointly
sale deed of the unfinished flat to avail a loan of 40 lakhs,
statement of executing a

to be deposited in the bank

towards which 10% (Ten percent) margin money was

for availing 90% Housing loan that would pay for the total cost of the apartment,

amounting to Rs.42,70,000/- The said apartment had to be handed over

to me

within two months from the date of making the advance payment of Rs.2,00,000/-
that was made on 15-02-2019 and Rs.2,00,000/- paid on 16-03-2019, and

Rs.3,00,000/- paid on 23-04-2019 and Rs.5,00,000/- on 24-04-2019 totaling

Rs.14,20,000/- having a written agreement made on 24-04-2019 and as per the

agreement on further payment made towards, The payment for GHMC Taxes and
mutation of the flat, electricity deposit, water and HMWSSB deposit and charges,
registration charges and fees towards execution of sale deed of unfinished flat,
were made by us, towards which said understanding and oral agreements, a total
amount of Rs. 14,20,000/- (Rs. Fourteen lakhs twenty thousand) was paid to the
accused's, who have collected the said amounts and promised to deliver the
apartment into my custody within a period of two months from the date of receipt
of amounts demanded. Wherein I have fulfilled my part of the agreement. Copies
of the land owners sale deed vide doc. No.2375/2018 and registered D.G.P.A vide
doc. No.1570/2019 and property tax dues alongwith the written agreement is filed
herewith.

5) Believing and trusting their commitments, with the oral and written
undertaking given by Builder and the landlord in the presence of several other third
party purchasers present at the time of negotiation, I was made to believe the
accused No.I to 5 to 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 payment of
Rs. fourteen lakhs twenty thousand. (Rs.14,20,000/-) i.e. from Feburary 2019 to

June 202 1. Details of the payment 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
ntentionally 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 complcte 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. l to 5 for obtaining funds to complete the
execution of the multi storied residential complex. In spite of having received the
funds of Rs.14,20,000/- (fourteen lakhs twenty thousand) between the period of
Feburary 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 after the entry of the

transaction with the Accused, wherein all the Accused No.1 to 5 were present at
the apartment site located at Seethaphalmandi. Secunderabad..
8. The Complainants submits that the accused has dishonestly and fraudulenuy

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

the agreements registered with the authorities vide registered deeds. copy of the
notice received is filed herewith.

9. The petitioner fearing due to the adverse response and non communication, after
having visited the site and residences of the accused, the petitioner was shocked
and pained to see that the Accused No.l to 5 had
deliberately given false address,
thus fearing the worst with the
absconding builder i.e. accused No.1, 2, and 4,5. the
petitioner traced the land owner and asked for an execution of the unfinished
apartment towards which Rs. 14.20,000/- was paid and received by the accused
no.1 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 petitioner. The petitioner having no
other option constrained to inform the police authorities on 14-03-2023 to
were

investigate into the unlawful activities of the 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.1 to 5. Hence this petition. Copy of
the complaint filed and numbered as 794 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 ample 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)
CFPC 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 otherwise, the
case as
complainant would be put to
severe hardship and irreparable loss.

COMPLAINANT

Date:08/05/2023 &6-o 23

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