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2022 Supreme(AP) 1470

DUPPALA VENKATA RAMANA
Vemuri Sambasiva Prasad – Appellant
Versus
Allu Srinivasa Rao – Respondent


Advocates appeared:
C.Dhanamjaya, Advocate, K.J.V.N.Pundareekakshudu, Advocate, Pandamaneni Srinivasa Rao, Advocate, K.V.Subba Reddy, Advocate, Challa Ajay Kumar, Advocate

JUDGMENT

DUPPALA VENKATA RAMANA,J. - This Criminal Petition is filed by the petitioner under Sec. 482 of the Code of Criminal Procedure ('for short 'Cr.P.C') to set aside the dismissal order in Criminal Revision Petition No.38 of 2012 passed by the learned XI Addl.District and Sessions Judge, Gudivada on 11/12/2013, confirming the order of dismissal dt.5/6/2012 passed in C.F.R.No.1850 of 2012 by the Additional Judicial Magistrate of First Class, Gudivada and direct the learned Magistrate to take cognizance of the complaint by issuing process against the respondents.

2. The facts in issue are that the petitioner had taken the land to an extent of Ac.5.65 cents from one K.Sayamma who is the lawful power of attorney holder of the original landlady K.Sravya and obtained a loan eligibility card from the Revenue Authorities. Thereafter, some misunderstandings arose between the petitioner and the landlady, as such, the petitioner filed A.T.C.2 of 2012 on the file of the Tenancy Tribunal, Gudivada, and obtained injunction orders on 13/2/2012. One day prior to granting of an injunction, R.1 to R.4 (A.1 to A.4) trespassed into the land and committed theft of Black Gram crop. With the help of

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