Tiêu đề 11. FIR and court document 887_2023.pdf ✅

FIRST INFORMATION REPORT (Under Section 154 and 157 Cr.P.C) T.S.P.M. Orders 470,500 1. District Cyberabad P.S. Raidurgam Year 2023 FIR No. 887/2023 Date 30-10-2023 2. Acts & Section(s): 406,415,417,420,120b IPC,156(3) CrPC 3. a) Occurrence of Offence: Day Monday Date & Time From Date & Time To Prior To 30-10-2023 17:59:00 Time Period b) Information Received at P.S.: Date & Time 30-10-2023 18:00:00 General Diary Reference: Entry No 18 Date & Time 30-10-2023 18:00:00 4. Type of Information: Referred by court 5. Place of Occurrence: a) Distance and Direction From P.S.: 02 KM, South Beat No. 02 b) Address Place Survey No. 19 situated at Khajaguda Village, Serilingampally Area/Mandal Serilingampally Street/Village Khajaguda City/District Cyberabad State Telangana PIN c) In case, outside the limit of this Police Station, then Name of P.S. District 6. Complainant / Informant: a) Name Venkateshwara Rao Gude Rep by M/s SAS I Tower Private Limited b) Father's /Husband's Name Radha Krishna Murthy c) Date/Year of Birth Age Years d) Nationality India e) Caste f) Passport No Date of Issue Place of Issue g) Occupation Mobile No. 9177242948 h) Address House No Flat No 504, Modern Profound Tech Park, Opp Ramalayam Temple, White Field, Kondapur Area/Mandal Serilingampally Street/Village City/District RANGA REDDY State TELANGANA PIN 7. Details of known/suspected/unknown accused with full particulars: Serial No : 1 a) Name Harvinder Kaur b) Father's /Husband's Name Rajinder Pal Singh c) Occupation Housewife d) Caste e) Gender Female f) Age 64 Nationality India g) Address House No Palm View, Kapasher- Samalkha Road, IDPL Township, Sector-22A, Sector 19 Street/Village Area/Mandal City/District GURUGRAM State HARYANA PIN h) Phone(Off) Phone(Resi) Cell No i) Email
Serial No : 2 a) Name Mohini Chawla b) Father's /Husband's Name Abhishek Gupta c) Occupation Housewife d) Caste e) Gender Female f) Age 38 Nationality India g) Address House No Flat No 104, B- Block, My Home Bhooja, Gachibowli Street/Village Area/Mandal City/District RANGA REDDY State TELANGANA PIN h) Phone(Off) Phone(Resi) Cell No i) Email Serial No : 3 a) Name Rajinder Pal Singh b) Father's /Husband's Name Waryam Singh c) Occupation Retired Employee d) Caste e) Gender Male f) Age 72 Nationality India g) Address House No Palm View, Kapasher- Samalkha Road, IDPL Township, Sector-22A, Sector 19 Street/Village Area/Mandal City/District GURUGRAM State HARYANA 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 Female 2 Female 3 Male Deformalities/ Peculiarities Teeth Hair Eyes Habbit(s) Dress Habit(s) Languages/ Dialect 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: Referred by court. 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 XIII ADDL. METROPOLITAN MAGISTRATE, CYBERABAD AT RAJENDRANAGAR Honoured Madam/Sir, Today i.e., on 30.10.2023 at 18:00 hours, received a complaint from Sri. Gude Venkateshwara Rao, S/o Mr, Gude Radha Krishna Murthy, Represented by M/s SAS I Tower Private Limited Registered address 504, 5th Floor, Modern Profound Tech Park, Opp Ramalayam Temple, White Field, Kondapur, Serilingampally, 9177242948, which reads as under follows. Brief facts of the case are that the Complainant is an innovation-based real estate design and development company having CIN No. 070200TG2022PTC161325 dated 06-04-2022. The Complainant is represented by its Director, Dr. Gude Venkateshwara Rao S/o Mr, Gude Radha Krishna Murthy, who is authorized and competent to file this instant Petition on behalf of the Complainant Company as per the Board Resolution dated 10.07.2023. the reputation and its ability to develop innovative real estate designers the Accused persons 1 Harvinder Kaur, 2 Ms. Mohini Chawla and have approached the complainant offering to provide the land Ac 10.32 Guntas situated at Survey No.19 situated at Khajaguda, Serilingampally for the purposes of Development and Sale. At the time of negotiations between the Parties, the accused persons while conspiring to conceal material information, have represented the total area. A discussion between the parties, the accused persons while conspiring to conceal material information, have represented that the total area of Ac.10.32 Gts was wholly owned by Accused No 1 and 2 wherein, and they have provided copies of the Sale Deeds dated 08.11.1982 Br Doc No 8069 of 1982, 8070 of 1982 and 8071 of 1982, indicating that the Accused No 1 is the sole and absolute owner of the total land admeasuring Ac 10-32 Guntas. Accused Nos 1 & 2 have provided a copy of the Gift Deed dated 17.10.2001 bearing No. 828 of 2002, wherein Accused No 1 had gifted a piece of land admeasuring Ac. 3.24 Gts to Accused No. 2 out of the Scheduled Property. Sale Deeds dated 08.11.1982 br doc nos. 8069 of 1982, 8070 of 1982, and 8071 of 1982 along with a gift Deed dated 17.10.2001 bearing No. 828 of 2002, mentioned representations made by the Accused persons the Complainant has entered into MOU dated 01.11.2017. They have agreed to sell land measuring Ac. 5.16 Gts out of the Schedule Property and further agreed to provide the balance Ac 5.16 Gts out of the Schedule Property for development, the Complainant initiated the payments to the Accused Nos. 1 and 2 from 02.11.2017 onwards towards the sale consideration of Ac. 5.16 Gts, a copy of the MOU dt: 01.11.2017. It is pertinent to mention that only after a receipt of INR 24.65 Crores. The accused persons have handed over copies of the balance link documents pertaining to the total area of Schedule Property in the month of January 2018. Then, the complainant discovered that Accused No 1 executed another Gift Deed dated 15.10.2001 bearing No. 807 of 2002 in Favor of Ms. Chetna Kaur, daughter of Accused No 1 for an extent of Ac 3-24 Gts out of the Schedule Property, and that the same was unilaterally cancelled. vide Cancellation Deed dated 13.03.2017 bearing document no. 1844 of 2017 by Accused No 1. not handed over the said property to the Settle Ms. Chetna Kaur and Settle has not acted upon the said Gift Settlement and is not interested in said Gift Settlement". However, Ms. Chetna Kaur, while recognizing the Gift Deed dated 15.10.2001 in her Special Power of Attorney dated 09.01.2017 in Favor of the Accused No 1, has stated that "she is the owner of the property admeasuring Ac. 3.24 Guntas and as she is residing in the USA, she is not able to look after her assets". the Complainant required for Ms. Chetna Kaur to visit India and provide her confirmation. Deed dated 15.10.2001, Cancellation Deed Vide Docs Nos 807/2002, 1844/2017 & GPA copy. The Complainant clearly informed the Accused Nos. 1. Harvinder Kaur 2. Mohini Chawla & 3. Rajinder Pal Singh that no further steps with respect to the project would be undertaken by the Complainant until Ms. Chetana Kaur is personally present in India for the confirmation of the Cancellation deed dated 13.03.2017 with respect to the land to be sold as agreed under the MOU dated 01.11.2017. The Accused Nos. 1 and 2 under the pretext of unavailability of Ms. Chetana Kaur due to her professional obligations, have sought further time from the Complainant and represented that Ms. Chetna Kaur would be visiting India shortly. based on the representations of the family of Ms. Chetna Kaur i.e., Accused Nos 1 & 2, the Complainant executed the development agreement Cum GPA dated 16.08.2018 bearing document no. 13916/2018 pertaining to the land share of Accused Nos 1 &2 for the land measuring Ac. 5-16 Gts from a total of Ac. 10-32 Gts. However, it was clearly agreed with the above-mentioned Accused Nos 1 and 2, that the land admeasuring Ac.1-36.4 Gts for which they are entitled to register Sale Deeds will be executed in Favor of the complainant and the balance of Ac 2-37.6 Gts (excluding Ac.0-22 Gts land acquired for road widening) covered under the Gift Deed dated 15.10.2001 bearing document no 807 of 2002, would be sold to the complainant as soon as Ms. Chetna Kaur would visit India. Accordingly, the Sale Deeds to an extent of Ac.1-36.4 Gts were executed by the Accused Nos. 1 & 2. A copy of the Development Agreement Cum GPA dated 16.08.2018 and the copies of Sale Deeds bearing document Nos. 3264/2019; 3265/2019 & 5043/2019. the Complainant requested Accused Nos. 1, 2 & 3 to confirm the in-person availability of Ms. Chetna Kaur, to confirm the Sale as promised under the MOU dated 01.11.2017, however, no direct answer was ever given by Accused Nos. 1, 2 & 3. the Complainant was waiting for Ms. Chetna Kaur to arrive in India before the Sale Deed for the land covered under the Gift Deed No.807of 2002 is executed and registered. The accused persons with criminal intention threatened that they would cause irreparable harm to the Project Scheduled Property by alienating the share of the land covered under the Gift Deed No. 807 of 2002 to third parties. the Complainant accommodated the requests of Accused Nos 1, 2 & 3 to re-structure the DAGPA-related terms which were favourable to Accused Nos 1 & 2 in area sharing. Such act of Accused Nos.1, 2 & 3 in causing the complainant to give them additional benefits and area, is shared through threat, which created fear of financial injury to the Complainant is a clear act of extortion. the Accused Nos 1, 2 and 3 that Ms. Chetna Kaur would be present during the execution and Sale of the land admeasuring Ac. 2-37.6 Gts, the Complainant in the meanwhile continued to invest in the development of the Project by infusing a significant amount of funds almost to the tune of 800 Crores. It is now clear that the Accused Nos. 1, 2 & 3, with purely an intent to conspire and to extort
14. Signature / Thumb impression of the complainant / informant. Signature of Officer in charge, Police Station Name MUDAM MAHESH additional benefit & share of the Project, have not only conspired to exert undue pressure on the Complainant to execute the Deed of Amendment to JDA dated 22.03.2019. the Complainant started to aggressively pursue with the Accused Nos. I & 2 for the presence of Ms Chetna Kaur to ensure that the land admeasuring Ac.2-37.6 Gts is sold to the Complainant as their continuance in the Project and the investment therein was in pursuance to the understanding that the land of Ac. 5-16 Gts would be sold to the Complainant. the Complainant's Shock and surprise, in the month of February 2023, the Accused provided the Complainant with a copy of the Notarized letter executed by one Mr Avik Sinha Roy, claiming to be the Husband of Ms Chetna Kaur, wherein the Complainant was informed that Ms Chetana Kaur had passed away as early as in the year 2018, indicating that a grave case of fraud and misrepresentation had been perpetrated by the Accused Nos. 1,2& 3 as a result of a serious conspiracy to cause financial loss to the Complainant. the fraudulent activities of Accused Nos. 1, 2 & 3 revolve around deceitful and intentional concealment of the unilateral Cancellation of the Gift Deed of Ms Chetna Kaur before the first instalment towards sale consideration for the Scheduled Property was paid to Accused Nos. 1 & 2. Such fraud was further perpetrated through misrepresentation of the fact that Ms Chetna Kaur was still alive between the years 2018 and February 2023, while she had already passed away in the year 2018 itself. it is submitted that after more than 4 1/2 years of the demise of Ms Chetna Kaur, the Accused Nos 1,2 &3 have informed the Complainant, after gaining undue benefits/share through fraudulent inducement, misrepresentation, cheating and criminal breach of trust and extortion as a result of a collective conspiracy, that Ms Chetna Kaur is not alive. the Accused Nos. 1, 2 & 3 the dishonest and fraudulent intentions to cheat the Complainant and in order to materialize such criminal intentions, they had deliberately allured and induced the Complainant to enter into a MOU, Development Agreement Cum GPA and amendment to JDA dated 22.03.2019. the Accused Nos 1, 2 & 3 have deliberately cheated the Complainant, thereby deriving benefit by getting an excess share in the Project and also have not concluded the sale which was the basis of the Complainant taking the Project forward in the first place. The complainant has already filed C.O.P.No.85 of 2023 against the Accused Nos. 1 and 2 before Hon'ble XXIV Addl. Chief Judge cum Commercial Court, City Civil Courts, Hyderabad and the same is pending adjudication before said Hon'ble Court. the Accused Nos.1, 2 & 3 have deliberately cheated the Complainant. Such offences of misrepresentation with an intent to extort, and cause financial loss to the Complainant constitute criminal breach of trust, cheating and criminal conspiracy to cause serious loss to the Complainant. Hence the complainant requested to take necessary action as per law. Hence FIR. Received on 30.10.2023 at 18:00 hours As per the directions of the Hon’ble court I, SHO registered a case in Cr No 887/2023, U/s 406, 415, 417, 420, 120-B IPC & Sec 156(3) Cr.P.C and investigation entrusted to V. Srinivas, SIP. Sd/- Inspector of Police Raidurgam PS. 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 VATTIYAVULA SRINIVAS 2) Directed to take up the Investigation or Rank: SI No. 9244 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 Rank Inspector No 18238 15. Date and time of dispatch to the court: