Kommana Nagavenamma v. State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4961 OF 2016 ORDER:

This petition is filed by the petitioners-A1 and A2 under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.135 of 2016 on the file of III Town Police Station, Rajahmundry, East Godavari District, registered for the offence punishable under Sections 420, 468, 447, 509 and 506 r/w 34 IPC. Heard and perused the material available on record. It is alleged that the petitioners and other accused forged the documents in respect of the site belonging to the 2nd respondent and criminally trespassed into the same and made illegal constructions. When she questioned them, they threatened her and abused her.

It is the case of the petitioners that the 1st petitioner purchased the property in question for valid consideration and obtained delivery of possession of the property from the 2nd petitioner and the 2nd petitioner purchased the same from his vendors, who got the same under the registered document. It is also their case that the 2nd respondent foisted a false case against the petitioners subsequent to her filing a civil suit in respect of the property claimed under the present complaint.

Considering the facts and circumstances of the case, this Court is not inclined to interfere with the investigation in the above crime. However, the 1st respondent-police are directed to complete the investigation and file a final report, if any, without arresting the petitioners. In the event of necessity, the 1st respondent-police are directed to issue notice to the petitioners to appear before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioners are directed to appear before the investigating agency and give an undertaking as to their future

appearance as and when required for the purpose of investigation. Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 11.4.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4961 OF 2016 DATED 11.4.2016 Nn