MURALA VENKATA RATNAM S/O. VENKATESWARA RAO Vs. THE STATE OF A.P., REP. BY THE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, HYDERABAD & ANR.

JUDGEMENT

(1.) THIS Criminal Petition has been taken out under Section 482 Cr.P.C. by the sole accused in C.C.No.81 of 2011 on the file of the Additional Judicial Magistrate of First Class, Gudiwada, Krishna District, to quash the proceeding therein.

(2.) 2nd respondent Manda Naga Pushpavathi filed a complaint before the Additional Judicial Magistrate of First Class, Gudiwada, alleging, inter alia, that the petitioner being a tenant of Repudi Varalakshmi fabricated non -possessory agreement of sale and subsequently obtained a regular sale deed in his name, dated 02.05.1984. The complaint came to be forwarded to the Station House Officer, Gudlavalleru Police Station under Section 156(3) Cr.P.C. Thereupon, the Station House Officer, Gudlavalleru Police Station, registered a case in Crime No.4 of 2010 for the offence under Sections 420, 464 and 468 IPC. After completing the investigation, a charge -sheet came to be presented before the Additional Judicial Magistrate of First Class, Gudiwada, who took the charge -sheet on file as C.C.No.81 of 2011. Hence, this Criminal Petition by the sole accused under Section 482 Cr.P.C. seeking the relief stated supra.

(3.) LEARNED counsel appearing for the petitioner submits that the de facto complainant -2nd respondent has filed O.S.No.122 of 2010 on the file of the Senior Civil Judge, Gudiwada, against the petitioner and two others and since the civil Court ceased of the matter, continuation of criminal proceedings against the petitioner amounts to abuse of process of Court.