ERUKALA CHANDRA SHEKAR Vs. P.P. HYD ANO

JUDGEMENT

(1.) The present Criminal Petition is filed by the petitioner/accused under Section 482 of Cr. P. C. , seeking to quash the proceedings initiated against him in C. C. No. 652 of 2014 on the file of the IV Metropolitan Magistrate, Cyberabad at Ibrahimpatnam, Ranga Reddy District. The facts in issue are as under:

(2.) The 2nd respondent/de facto complainant lodged a report on 11. 06. 2013 stating that he along with his brothers are absolute owners and possessors of the land admeasuring Ac. 2. 00 situated in Sy. No. 295-A of Adibatla Village, Ibrahimpatnam Mandal, Ranga Reddy District, having purchased the same from the original owner Erukala Chandra Sekhar (petitioner herein) through a registered sale deed bearing document No. 6577 of 2008, dated 04. 09. 2008. It is stated that the neighbours of the land by name G. Sudarshan Reddy with the help of his Supervisor-Karunakar Reddy, have criminally trespassed into the land and started construction of boundary wall, in spite of receiving the copy of the interim injunction order passed in I. A. No. 259 of 2013 in O. S. No. 56 of 2013. Basing on the said complaint, the police registered a case in Crime No. 299 of 2013 for the offences punishable under Sections 447 and 427 of I. P. C. against G. Sudarshan Reddy and Karunakar Reddy. After due investigation, the police concluded that the allegations made by the 2nd respondent/de facto complainant against G. Sudarshan Reddy and Karunkar Reddy are not proved and filed charge sheet against the petitioner/accused for the offence punishable under Section 420 of I. P. C. , alleging that after having knowledge that the land admeasuring Ac. 0. 14 gts. , in Sy. No. 295 was acquired by the ORR authorities for the purpose of Outer Ring Road, he sold away the land to the said G. Sudarshan Reddy, Karunkar Reddy and others and committed an offence punishable under Section 420 of I. P. C. The said charge sheet was taken cognizance and numbered as C. C. No. 652 of 2014. The present Criminal Petition is filed to quash the proceedings in the above C. C.

(3.) Heard learned Counsel for the petitioner/accused, learned Additional Public Prosecutor for the 1st respondent and the learned Counsel for the 2nd respondent/de facto complainant.