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2006 Supreme(SC) 1092

State of A. P – Appellant
Versus
V. Sarma Rao – Respondent


Advocates Appeared:
Anoop G. Choudhary, Sr. Advocate, Mrs. D. Bharathi Reddy, Advocate with him, for Appellant; Annam D. N. Rao, Shiv Kumar Suri, Sibo Sankar Mishra, G. Ramakrishna Prasad, Venkat Subramaniam T. R. and B. Suyodhan, Advocates, for Respondents.

Judgement

S. B. SINHA, J. :- Leave granted.

2. Interpretation of the provisions of Section 340 of the Criminal Procedure Code is in question in this appeal which arises out of a judgment and order dated 27.9.2002 passed by a Division Bench of the Andhra Pradesh High Court, whereby and whereunder a complaint petition filed by the District and Sessions Judge, Vishakhapatnam in terms thereof was quashed.

3. The basic fact of the matter is not in dispute. Lands situated in Pisinikada village in the district of Vishakhapatnam were acquired by the State of Andhra Pradesh for providing house-sites to the weaker sections of society. Awards in respect of the said acquisition were made by the Land Acquisition Collector. Reference thereagainst was made to the Civil Court at the instance of the owners of the land. A large scale fraud, allegedly, took place in awarding compensation wherein the Subordinate Judge, Anakapalle, his staff, the advocates of the claimants, the advocates appearing on behalf of the State and other officials were said to be involved. Upon obtaining requisite permission from the High Court, the CBCID registered a case and investigation thereinto was carried on. In its report


























































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