R. PRATAP Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/A1, to quash the proceedings against him in C.C.No.190/2009 on the file of Judicial First Class Magistrate, Jadcherla. The offences alleged against the petitioner are under Ss. 419, 420, 423, 466, 468 and 471 r/w.34 of the Indian Penal Code.

(2.) Heard both sides.

(3.) The 2nd respondent filed complaint stating that she was married in childhood and she was not continuing conjugal life with her husband, however, she filed maintenance case and was collecting maintenance amount. From the maintenance amount, she purchased 10.2 acres of land vide document No.1197/1984. Since the date of purchase she was cultivating the land. At the instance of the parents of the 2nd respondent, since the land was purchased with maintenance amount, suspecting that the husband may take the land, she registered the land in the name of her elder brother namely Goda Ramulu. Without knowledge of the 2nd respondent, the elder brother sold the land to one Abdul Hajeez and Smt.Jelo Fehaduly on 25/2/1995 by registered sale deed. Having come to know of the sale, she approached the Court and filed OS.No.8 of 1994 on the file of District Munsif Court, Mahabubnagar. Even prior to the Judgment in the said suit, the land was sold to the petitioner herein. After the judgment in the said suit, she again approached the Court and filed civil suit against this petitioner/A1 and his vendor namely Abdul Hajeez and Gnana Prakash. A2 was the counsel for the 2nd respondent who colluded with this petitioner and other accused. A fake land registration sale deed was prepared by affixing the photograph of the 2nd respondent and the said document was registered on 11/10/2004. Thereafter, the land was mutated in the ROR. Accordingly, the Police filed charge sheet against this petitioner/A1 and 9 others who are the advocate(A2) and other persons and who are signatories to the document and who were involved in the said transaction.