Chinnareddymadanmohan Reddy vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1806 AP

              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

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

(2014) 8 SCC 273