CHANDOLU RAMA LAKSHMI Vs. CHINTALAPUDI NARENDRA KUMAR

JUDGEMENT

(1.) This Criminal Petition, under Sec. 482 of the Code of Criminal Procedure, 1973 (for brevity 'CrPC') has been filed by the petitioner/ Accused No.1, to quash the proceedings in Calendar Case No.626 of 2023 pending on the file of the learned Additional Judicial Magistrate of First Class, Nandigama, arising out of a complaint filed by the respondent No.1/complainant under Sec. 190 (1) (a) and 200 of the Code of Criminal Procedure, 1973 against the petitioner/Accused No.1 and other accused, for the offences punishable under Ss. 191, 193, 199 and 23 of the Indian Penal Code, 1860 (for brevity 'IPC').

(2.) Brief facts of the complaint filed by respondent No.1/ complainant, are that, the respondent No.1/complainant is younger brother of 1st accused, and 2nd accused is husband of 1st accused; that the father of respondent No.1/complainant viz., Rama Koteswara Rao had four daughters, and respondent No.1/complainant is the only son to him; that during the life time of father of respondent No.1/ complainant, he acquired an extent of Ac.16.95 cents of agricultural land in Survey No.102 of Keesara village, Kanchikacherla Mandal through Family Settlement Deed vide Document No.3134/1962, dtd. 16/10/1962; that the father of respondent No.1/complainant died intestate on 22/9/1998, and the respondent No.1/complainant and his mother got absolute rights over the said immovable property; that in the year 2001, the respondent No.1/complainant and his mother applied for Pattadar Passbook for the land which was in the name of deceased father of respondent No.1/complainant and also for the land of Ac.5.32 cents, acquired by respondent No.1/complainant.

(3.) Learned Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Nandigama vide Order dtd. 10/7/2023 in C.F.No.6752 of 2022, took cognizance of the complaint against the petitioner/A1 and numbered the same as Calendar Case No.626 of 2023, of the offences punishable under Ss. 191, 199 and 23 read with 193 of IPC, and dismissed the complaint against accused No.2.