ALUBOJU KANUKAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of Criminal Procedure Code (for short 'Cr.P.C.') by the petitioner/accused No.4 seeking to quash the proceedings against him in CC No.344 of 2012 on the file of the learned VI Additional Judicial First Class Magistrate, Warangal.

(2.) Heard Sri Vizarath Ali, learned Assistant Public Prosecutor representing learned Public Prosecutor for State/respondent No.1. No representation on behalf of Sri E.Venkata Reddy, learned counsel for petitioner. On earlier occasions, i.e. on 22/6/2023 and 25/7/2023 also there was no representation for the petitioner. Though notice was sent, none appeared on behalf 2nd respondent.

(3.) The facts of the case, in brief, are that the complainant/N.Basava Lingam obtained permanent injunction in OS No.357 of 2006, passed by learned Principal Junior Civil Judge, Warangal, restraining the accused Nos.1 and 2 from claiming ownership over open land admeasuring Ac.0.33 guntas, in Sy.No.393 at Kothapet Village of Hanmakonda Mandal. The disgruntled parties i.e. accused Nos.1 and 2 hatched a plan to grab the said property and exerted pressure on said Basava Lingam, threatened him with dire consequences and finally kidnapped and wrongfully confined him when he visited the house of the petitioner/A4 and obtained his photograph and signatures on blank stamp papers and got the said property registered in the name of their brother/A3 by committing cheating. Accordingly, Crime No.413 of 2006 for the offences punishable under Ss. 365, 420, 323, 506 read with Sec. 34 of IPC was registered against the petitioner/A4 and A1 to A3. Since, the petitioner absconded, after completion of investigation, the police laid chargesheet against accused Nos.1 to 3, which was numbered as CC No.200 of 2008 on the file of learned V Additional Judicial First Class Magistrate, Warangal, which ultimately ended in acquittal upon conducting the full-fledged trial. The appeal filed against the said judgment was also dismissed vide judgment dtd. 23/9/2014 in Criminal Appeal No.111 of 2011 by the learned V Additional Sessions Judge (II-FTC), Warangal. Further, on 12/11/2011, the petitioner was apprehended and upon completion of further investigation, a supplementary charge-sheet was laid against him and the same was numbered as CC No.264 of 2011 on the file of the learned V Additional Judicial First Class Magistrate, Warangal, which was subsequently transferred to the learned VI Additional Judicial First Class Magistrate, Warangal and renumbered as CC No.344 of 2012.