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2020 Supreme(AP) 158

D.V.S.S.SOMAYAJULU
Koduru Chittibabu Chowdary – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
P.V. Vidyasagar.

JUDGMENT :

D.V.S.S. SOMAYAJULU, J.

1. Criminal Petition No. 7768 of 2018 is filed by the petitioner-accused No. 1 to quash all further proceedings against him in Crime No. 95 of 2018 of Duvvada Police Station, Visakhapatnam.

2. Criminal Petition No. 7790 of 2018 is filed by the petitioners-Accused Nos. 2 and 3 to quash the proceedings against them in the same Crime No. 95 of 2018 of Duvvada Police Station, Visakhapatnam.

3. Since both the cases arise out of the same issue and are filed questioning the same FIR, they are taken up together for hearing.

4. This Court has heard Sri P.V. Vidya Sagar, learned counsel for the petitioners, Sri Taddi Nageswara Rao, learned counsel for the 2nd to 4th respondents and the learned Public Prosecutor-appearing for the State.

5. The essential ground on which the quashing is sought is that a pure civil dispute has been converted into a criminal case. Learned counsel appearing for the petitioners submits that there is a civil suit i.e. O.S. No. 41 of 2015, which is pending on the file of the learned Principal District Judge, Visakhapatnam, for cancellation of three Registered Powers of Attorney-cum-sale agreements, dated 24.07.2012. The suit is filed in J

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