YELAKALA RANGARAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Crl. P. No. 4223 of 2012 by A4, A9 and A10, Crl. P No. 4631 of 2012 by A1, A11, A12 and A17 and Crl. P No. 4725 of 2012 by A5 to A8 are filed under Section 482 Cr.P.C. to quash the proceedings in CC No. 44 of 2012 on the file of the Judicial Magistrate of I Class, Palakol. West Godavari District. It is alleged in the complaint that A1 is the elder sister of A2 and A3 is the daughter of A2. A2 and A3 are residing in New York. A2 and A3 executed General Power of Attorney in favour of Al on 28.2.2009 to sell their house property. A1 sold away a bit of house site consisting of 700 Sq. yards situated at 14th Ward Palakol Revenue Mandal within the jurisdiction of A5, in favour of the complainant and LW4 by way of registered sale deed, dated 21.3.2009, which possess Assessment Nos. 1079009317 and 1079009318. Though bit of house consists of 700 Sq. yards, due to certain factors, which are incapable of measurements, on account of the existence of certain old structures, the bit actually consists of more than 700 Sq. yards. When this peculiarity was pointed out to A1 at the time of sale, she incorporated a specific recital in the sale deed as follows: "If, at the time of measurement of the site in future, there are lesser extents and greater extents in the total extent of the site, you have to bear the loss if the extent is less, or in case the extent is more, you are entitled to enjoy the same with full rights of alienation or enjoy the same yourselves". Therefore, the complainant is entitled to enjoy with full rights any extent beyond 700 Sq. yards.

(2.) Learned Counsel appearing for the petitioners contended that even if the entire allegations in the complaint and the sworn statements of the complainant and any witness are taken as true and correct, at this stage, they do not make out prima facie case of offences alleged against them, that in respect of said dispute, already civil Suits in OS Nos. 65 of 2011 and 37 of 2011 are pending before the competent civil Court, that the complainant is having a right beyond 700 Sq. yards of site vide registered sale deed, dated 21.3.2009 and hence, he prays to quash the proceedings.

(3.) He relied on a decision reported in Indian Oil Corpn. v. NEPC India Ltd. and others, 2006 6 SCC 736, wherein it was held thus (Para 15):