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2013 Supreme(AP) 950

C.PRAVEEN KUMAR
Kusuma Lokanadham – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
A. Prabhakar Rao, for the Petitioner;
Public Prosecutor, for the Respondent No. 1;
V.S.R. Anjaneyulu, for the Respondent No. 2.

ORDER

This criminal petition is filed by the sole accused under Section 482 Cr. P.C. seeking quashing or proceedings in CC No. 70 of 2011 on the file of I Additional Judicial First Class Magistrate at Warangal. A charge-sheet came to be filed against the accused for the offences punishable under Sections 323 and 420 of the Indian Penal Code.

2. The allegations in the charge-sheet are as under :-

The 2nd respondent herein eking out his livelihood by running a jewellery shop in the name and style of Pashikanti Rajaiah & Sons Gold and Silver Merchant. There were three mulgies on the road side and the father of the accused and his two brothers got one mulgi each. In the year 1978, the respondent herein took a mulgi bearing No.8-11-34/3 admeasuring 33 Sq.yards on rent of Rs.500/- per month. Out of the said 33 Sq.yards, the accused along with late Kusuma Janardhan and Kusuma Keshavender were having their share of 11 Sq.yards each. Later Kusuma Janardhan died. The legal heirs of Kusuma Janardhan approached the 2nd respondent (LW1) and sold away their share of 11 Sq.yards under a registered Sale Deed No. 2369 of 2001 dated 29.12.2001. Another brother Kusuma Kesavanandham obtained a loan of Rs









































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