K.VENKATACHALAM CHETTY Vs. STATE OF A.P

JUDGEMENT

(1.) In this Criminal Petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") the petitioner/A.1 seeks to quash the criminal proceedings against him in Crime No.123 of 2014 of Palamaner Police Station, Chittoor District, registered for the offence under Sec. 420 IPC.

(2.) Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for the State.

(3.) The facts in issue are that APIIC/Government have acquired the lands in Sy.No.532-2 Ac.0.12 cents; Sy.No.533-4 Ac.2.44 cents; Sy.No.533-5 Ac.1.58 cents and in Sy.No.533-6 Ac.1.48 cents, through Award No.2/Genl./95-96, dtd. 18/9/1995 for establishment of the Industrial Development Area at Palamaner, Chittoor District. The said lands were handed over to APIIC by the Revenue Department on 25/2/2002 and ever since, the possession was taken and the lands were under the control of APIIC. It is further alleged that during the inspection, on 23/4/2014, the APIIC officials have observed that somebody laid fencing to the subject land and a ground breaking ceremony was performed. On enquiry, they came to know that one of the land owners namely, K.Venkatachalam Chetty, has given a power of attorney in favour of one G.Govardhan in respect of the land to an extent of Ac.1.48 cents situated in Sy.No.533/6 and they have sold the said land to 44 different persons for house sites duly making plots. The Sub-Registrar, Palamaner entertained the illegal activity and accepted for registration of the said plots in their favour. As such, the present complaint was filed for taking action against the petitioner/A.1 and two others.