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2012 Supreme(AP) 1154

K.C.BHANU
Yelakala Rangarao – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
For the Petitioners:Dasari S.V.V.S.V. Prasad, Advocate.
For the Respondent:R1, Public Prosecutor, R2, S.R. Sanku, Advocate.

Judgment :

Crl.P.No.4223 of 2012 by A4, A9 and A10, Crl.P.No.4631 of 2012 by A1, A11, A12 and A17 and Crl.P.No.4725 of 2012 by A5 to A8 are filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.44 of 2012 on the file of the Judicial Magistrate of I Class, Palakol. West Godavari District.

2. It is alleged in the complaint that A1 is the elder sister of A2 and A3 is the daughter of A2. A2 and A3 are residing in New York. A2 and A3 executed General Power of Attorney in favour of A1 on 28-02-2009 to sell their house property. A1 sold away a bit of house site consisting of 700 sq. yards situated at 14th Ward Palakol Revenue Mandal within the jurisdiction of A5, in favour of the complainant and L.W.4 by way of registered sale deed, dated 21-03-2009, which possess assessment Nos.1079009317 and 1079009318. Though bit of house consists of 700 sq. yards, due to certain factors, which are incapable of measurements, on account of the existence of certain old structures, the bit actually consists of more than 700 sq. yards. When this peculiarity was pointed out to A1 at the time of sale, she incorporated a specific recital in the sale deed as follows:

“IF, AT THE TIME OF MEASUREMEN

























































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