DODDAPANENI UMAMAHESWAR RAO Vs. NAVURU GOPAL REDDY

JUDGEMENT

(1.) THIS Criminal Petition is filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in CC.No. 172 of 2010 on the file of the Court of Additional Judicial Magistrate of First Class, Kovvur, West Godavari district.

(2.) HEARD Sri V. Surendra Reddy, the learned counsel appearing for the petitioners -A1 to A5, Smt. A.Bala Bharathi, the learned counsel appearing for the first respondent -de facto complainant and the learned Additional Public Prosecutor representing the first respondent -State.

(3.) THE learned Principal Junior Civil Judge after making inquiry into IA.No. 841 of 2009 in OS.No. 174 of 2009 disposed of the same on merits by dismissing the same by order dated 23 -04 -2010. The learned Junior Civil Judge inter alia observed that the first respondent -de facto complainant not only failed to prove that the total extent of Ac:282 -44 cents was divided into blocks and the land purchased by him under Ex.P -1 is a portion of land in the "U" block and also failed to prove that there was a re -survey and that in the said re - survey the plaint schedule land was allotted in survey Nos. 67/P and 66/2 and thus according to the learned Junior Civil Judge, the first respondent could not be able to establish the identity of the subject matter. of the suit.