Aakula Satish Hari Chandra vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1870 AP

       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

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

(2014) 8 SCC 273

THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN

CRIMINAL PETITION NO.2726 OF 2021

Date: 06.05.2021