ORDER :

1. The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the order dated 04.03.2022 passed in Crl. M.P. No. 475 of 2019 in Special S.C. No. 57 of 2016 by the Special Judge for trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act-cum-V Additional District and Sessions Judge at Adilabad.

2. The petitioner herein is the de facto complainant in Crime No. 104 of 2014 of Adilabad Rural Police Station, while respondent Nos.3 to 5 are accused Nos.1 to 3 therein. The offences alleged against accused Nos.1 to 3 are under Sections 447 and 506 read with 120B of IPC and Sections 3 (1) (iv) and 3 (1) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 5 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

3. Heard Mrs. B. Rachna Reddy, learned counsel for the petitioner, Ms. P. Radhika, learned counsel for respondent Nos.3 to 6 and learned Public Prosecutor appearing on behalf of respondent Nos.1 and 2. Despite service of notice, none appears for respondent No. 7.

4. Pursuant to the complaint lodged by the petitioner herein, the aforesaid crime was registered against respondent Nos.3 to 5 herein and the Sub-Divisional Police Officer, Adilabad, conducted investigation and laid the charge sheet against them for the aforesaid offences. The same was taken on file vide Special S.C. No. 57 of 2016 for trial.

5. During trial when PWs.1 to 5 were examined, the petitioner herein has filed a petition vide Crl. M.P. No. 475 of 2019 under Section 319 of the Cr.P.C. to implead respondent Nos.6 and 7 herein as accused Nos.4 and 5 in the aforesaid Special S.C. on the following grounds:

(i) Respondent No. 6 herein, Vakulabharanam Vedavyas, is the son of Mr. Vakulabharanam Adinath, accused No. 1, while respondent No. 7 herein, Mr. Kaleem is the then Panchayat Secretary, Kachkanti.

(ii) Both the aforesaid persons had actively helped, aided and abetted accused Nos.1 to 3 and made themselves part of the criminal activities in the same offence.

(iii) The crime was registered on 13.06.2014 and the charge sheet was laid on 26.07.2016. During the interregnum period, several activities had taken place. The petitioner herein had approached this Court against the illegal construction initiated by accused Nos.1 and 2 vide W.P. No. 34520 of 2014, wherein interim order was granted on 27.11.2014 directing them not to make any construction in the land of the petitioner.

(iv) Accused Nos.1 to 3 hatched a conspiracy to grab the land of the petitioner herein. As the registrations pertaining to Survey No. 68 had been stopped for six (06) months or more in the office of the Sub-Registrar, Adilabad, on official reasons, by misrepresentation, fabrication and forgery, accused Nos.1 to 3 took the thumb impression of Thota Linganna S/o T. Ashanna and created an illegal ‘agreement of sale’ in favour of accused No. 3, Syed Ahmed. Thereafter, on the strength of the said fabricated document, they filed a suit vide O.S. No. 64 of 2014 on the file of the Junior Civil Judge, Adilabad against the said Mr. Thota Linganna and the petitioner herein. Accused Nos.1 to 3 in collusion with respondent Nos.6 and 7 with an intention to grab the land of the petitioner wrongly mentioned the boundaries in the forged agreement as well as in the plaint in the aforesaid suit.

(v) When the registrations in Survey No. 68 have started again, accused Nos.1 and 2 introduced respondent No. 6 herein and got executed a sale deed bearing document No. 1956 of 2015, dated 01.04.2015 by Thota Linganna and accused No. 2 jointly for an extent of Ac.0-67 cents of land belonging to the petitioner herein in Survey No. 68/86, whereas, the land of the petitioner herein is in Survey No. 68/Tha and 68/Da.

(vi) Respondent No. 6 herein is a student and he had no source of income, but in the sale deed, it was shown that he had purchased all the seven house sites which are owned