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2024 Supreme(AP) 1127

VENKATA JYOTHIRMAI PRATAPA
S. Venkata Naga Kishore, S/o. S. Venkateswara Rao – Appellant
Versus
State of A. P. , Rep. by Its Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioners: Sri P.V.S.A. Rama Murthy.
For the Respondents: Ms. D. Prasanna Lakshmi, Assistant Public Prosecutor.

ORDER :

Venkata Jyothirmai Pratapa, J.

The instant petition under Section 482 of Code of Criminal Procedure, 1973, [for short ‘Cr.P.C’] has been filed by the Petitioner/Accused No.5, seeking quashment of proceedings against him in Crime No.643 of 2019 on the file of Pendurthy Police Station, Visakhapatnam City registered for the offences under Sections 427, 420, 447, 468 and 471 read with 34 of the Indian Penal Code, [for short ‘IPC’].

2. Facts of the case, in brief, are as follows:

    a. The property of an extent of Ac.2.00 cents in Sy.Nos.394/13 and 394/15B was purchased by the parents of Respondent No.2 and 12 others from Alla Appala Naidu and Alla Ramu Naidu. After the demise of his parents, Respondent No.2 inherited the said property and has been in possession and enjoyment of the same.

    b. After the demise of the vendors of Respondent No.2, their sons i.e., Accused Nos.1 to 3 created forged documents for the said land and executed General Power of Attorney in favour of Accused Nos.4 and 5. That being so, on 20.12.2019 at 10.30 a.m., Accused No.4 and Petitioner/Accused No.5 trespassed into the land of Respondent No.2, damaged the trees, notice boards and cement fencing poles with JCB s

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