KOLA DURGA PRASAD Vs. STATE OF A P

JUDGEMENT

(1.) This criminal petition is filed by the petitioner-accused under Section 482 Cr.P.C to quash the proceedings in Miscellaneous Case No.127 of 2010 in Crime No.47 of 2010 of Gudlavalleru Police Station, Krishna District.

(2.) Heard the learned counsel appearing for the petitioner-accused and the learned counsel appearing for the respondents 2 and 3 and the Additional Public Prosecutor representing the first respondent-State.

(3.) According to the petitioner, he is the tenant of the respondents 2 to 4 in the building bearing door no.5-129. The father of the respondents 2 to 4 executed a lease agreement in favour of the petitioner for a period of 20 years i.e., from 08.05.1992 to 08.05.2012 for conducting the business. Initially the father of the petitioner did business in the said premises and after his death, the petitioner has been running business in the property. He obtained a license for doing liquor business in the name and style of Sri Rama Durga Wines. Respondents 2 to 4 demanded the petitioner to vacate even before the expiry of the lease period. The petitioner requested them to allow to continue the business, since the lease agreement is in force till 08.05.2012. To the surprise of the petitioner, the 5th respondent got issued a publication in Eenadu daily newspaper stating that he is going to purchase the property from the respondents 2 to 4. On that the petitioner issued notice dated 21.06.2010 to the respondents 2 to 5 which was received by them on 24.06.2010.