THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN
CRIMINAL PETITION NO.2726 OF 2021
ORDER:
This Criminal Petition is filed by the petitioner/Accused No.2 in Crime No.525 of 2018 of Pendurty Police Station, Visakhapatnam City, registered for the offences punishable under Sections 420, 468, 471, 506 R/W 34 IPC.
2. Heard the learned Counsel appearing for the petitioner and the learned Assistant Public Prosecutor for the Respondent / State.
3. The brief facts of the case are that the offence occurred prior to 04.08.2018 at Sy.No.264/1 to 7 of Pendurthy, Visakhapatnam, reported on 04.08.2018 at 16:00 hrs, wherein the complainant Rayi Shankar Rao reported that after death of his mother, he got two plots (56 & 57) with an extent of 400 Sq.yards in Sy.No.264/1 to 7 of Pendurthy as ancestral. Later the accused 1) Teketi Ramu,
2) Akula Satish Harischandra, 3) Dadi Bogalingam Naidu cheated the complainant by creating forged documents i.e., Adangal and document No.2227/2015 to the land in an extent of 533 Sq.yards and 133 Sq.yards out of 533 Sq.yards was registered to one Maddu Rajesh by using the forged documents as genuine and all the accused tried to occupy the above said land and threatened him with dire consequences and he presented a report before police, basing on the report, the above crime is registered.
4. The learned counsel for the petitioner states that the petitioner is shown as A2 in the above said case, which was registered on 04.08.2018. The allegation against the petitioner herein is that A1 and A2 at the instance of A3 fabricated the 2 documents and filed civil suit against the defacto complainant. He further submits that there is a civil dispute between the petitioner and the defacto complainant in O.S.No.258 of 2016 and 259 of 2016 on the file of II Additional Senior Civil Judge, Visakhapatnam and the crime was registered only to threaten and harass the petitioner herein.
5. On the other hand, the learned Assistant Public Prosecutor submits that it is a creation of fabrication of Adangals with respect to the land and change of dimensions and as such the above said crime was registered. He further submits that police are investigating in the matter and 6 witnesses were examined so far by the police.
6. In view of the above said facts and circumstances, the criminal petition is dismissed directing the respondent/police 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. The petitioner/accused No.2 shall also co-operate with the investigation in the above said crime.
7. Accordingly the Criminal Petition is disposed of.
_______________________________ JUSTICE B. KRISHNA MOHAN Date: 06.05.2021 VSL 1 (2014) 8 SCC 273 3 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN CRIMINAL PETITION NO.2726 OF 2021 Date: 06.05.2021