P.VIKRAM DEVA REDDY Vs. STATE

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner-A5 under Sec. 482 Cr.P.C. to quash the proceedings in CC No.239 of 2012 on the file of X Metropolitan Magistrate, Malkajgiri, Cyberabad for the offences under Ss. 468, 471 and 420 IPC against him.

(2.) The case of the petitioner in brief was that the 2nd respondent filed a complaint before the Keesara Police on 8/6/2011 at 8.30 PM alleging that he was the owner and possessor of agricultural land of an extent of Acs.8.16 gts., situated at Sy.Nos.581, 582 and 583 of Rampally Dayara village, Keesara Mandal, R.R. District. He purchased the same from Smt. Kandadi Manemma and her sons K. Buchireddy and K. Jangareddy vide registered sale deed document No.4530/1990 dtd. 6/6/1990 at the office of Sub Registrar, Medchal. Since then he has been enjoying the uninterrupted possession of the said agricultural land. He was growing Mango, Teak and Coconut trees and also dug two borewells and constructed a house 20 years back in the said land. He came to know that one K. Dharma Reddy, brother-in-law of Smt. Manemma, who had a criminal background, obtained a forged revenue certificate under Sec. 38 E of the Tenancy Act showing him and his three deceased brothers as protected tenants of Acs.31.06 guntas of land and clandestinely entered into an agreement of sale and registered Acs.24.00 gts., of land in the name of P. Vikram Deva Reddy and P. Rama Devi at the office of the Sub Registrar, Keesara on 29/4/2011. The said deed was signed by the seller of his land Smt. K. Manemma and her sons K. Buchireddy and K.Jangareddy. Her daughter K. Shobha was stated to have expired. The deed was also signed by K. Dhrama Reddy and some others, who were his blood relatives. The agricultural land which was sold to him was part of the land dubiously registered for the second time on another name. He verified with the concerned MRO and RDO offices, but no records pertaining to 38E certificate was found. He requested to take necessary action against Smt. K. Manemma and her two sons and K. Dharma Reddy, who were involved in double registration. Basing on the said report, the Inspector of Police of Keesara Police Station registered a case in Crime No.198 of 2011 for the offences under Ss. 420, 468 and 471 IPC and after investigation filed charge sheet against A1 to A8 showing A7 as absconding. It was mentioned in the charge sheet that A1 to A6 knowing fully well that Form 38E certificate was not a genuine one used the same as genuine one and involved in double registration of the land and committed the offence punishable under Sec. 471 IPC and A1 to A8 were involved in double registration in order to cause wrongful loss to LW1 and for their wrongful gain and thereby committed the offence punishable under Sec. 420 IPC.

(3.) Heard the learned counsel for the petitioner, learned counsel for the 2nd respondent and the learned Assistant Public Prosecutor.