HON'BLE SRI JUSTICE B. KRISHNA MOHAN
CRIMINAL PETITON No.1402 OF 2021
ORDER :
This Criminal Petition is filed by the petitioner/accused in crime No.25 of 2021 of the K.V. Pallii Police Station, Chittoor District registered for the offences punishable under Sections 406, 420 of IPC.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/state.
3. It is the case of the prosecution that the complainant by name Smt. P. Sireesha, Tahsildar, K.V. Palli, lodged a report on 10.02.2021 alleging that the petitioner herein encroached the land for construction of houses by collecting amounts in the Government land which is classified as 'dotted land' in survey No.3 to an extent of Ac.6-78 and he obtained pattadar passbook in the name of his wife Smt. C. Amaravathi in respect of the above lands and that he is also selling the lands other than mentioned in the pattadar passbooks. It is also alleged that the petitioner's wife filed a Writ Petition before the High Court in respect of the above said lands and a notice was served upon the petitioner to produce the documents if any the Pattadar passbooks issued in favour of his wife's name, but the petitioner did not produce the same and he replied for the notice stating that he was constructing the house in his land only.
4. The learned counsel for the petitioner contends that the petitioner herein is a retired VRO and he is making constructions on 2 his own land. Whereas the present Tahsildar lodged a complaint before the police on 10.02.2021 alleging that he is selling the Government land for constructions of houses. In pursuance of the same, the above said crime was registered.
5. On the other hand, the learned Additional Public Prosecutor submits that the petitioner has occupied the Government land adjacent to his land and making construction. So far nine witnesses were examined and investigation is still pending and they have no objection to issue Section 41-A Notice of Cr.P.C and follow the guidelines enumerated in the Judgment of the Hon'ble Supreme Court of India reported in "Arnesh Kumar v. State of Bihar and another"1.
6. In view of the above said facts and circumstances, the respondent - police is directed to issue Section 41-A Notice under Cr.P.C by following the guidelines issued by the Hon'ble Supreme Court of India in "Arnesh Kumar v. State of Bihar and another". The petitioner/accused shall also co-operate with the investigation in the above said crime.
7. Accordingly the Criminal Petition is disposed of.
______________________ JUSTICE B. KRISHNA MOHAN April 1, 2021 Yvk 1 (2014) 8 SCC 273