THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3077 of 2008 Dated:05th Agusut, 2010 Between: Smt. Lingareddy Sreedevi ….Petitioner and 1. The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad & Anr. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3077 of 2008 ORDER: This Criminal Petition has been filed under Section 482 Cr.P.C. by A4 Smt. Lingareddy Sreedevi in C.C.No.49 of 2008 on the file of the Judicial Magistrate of First Class, Sullurpet, to quash the proceedings therein so far as she is concerned. 2. 2nd respondent Smt.Sathyaveti Kamala Manoharamma is the de facto complainant in C.C.No.49 of 2008. One Pantrangam Chengaiah was the owner of Ac.2.80 cents in Survey No.44/2 and Ac.0.42 cents in Survey No.47/3 of Kotapoluru Village, Sullurpet Mandal. He died issueless. According to the 2nd respondent-de facto complainant, the said Chengaiah adopted his sister’s son by name Satyaveti David Williams. After the death of said Chengaiah, his wife Saramma @ Changamma executed a settlement deed dated 11.01.1968 bequeathing the lands owned by her husband Chengaiah. Some disputes went on between the 2nd respondent de facto complainant and A1 Pantrangam Venkateswarlu in the Tenancy Court. A1 Pantrangam Venkateswarlu got the pattadar pass book in respect of Ac.0.42 cents of land in Survey No.47/3. Basing on the pattadar pass book, he entered into an agreement of sale in favour of A3 Gandavalli Varamma. Thereafter, A1 and A3 together sold Ac.0.42 cents in Survey No.47/3 to the petitioner herein, who has been figured as A4 in the said C.C., under a registered sale deed dated 06.02.2004. 2nd respondent de facto complainant presented a report before the Station House Officer, Sullurpeta P.S. LW.7 U.Nagaraju, S.I. of Police, registered a case in Crime No.97 of 2007 for the offences under Sections 420, 468 and 471 IPC and issued FIR. After due investigation, LW.7 U.Naga Raju, S.I. of Police, Sullurpet P.S. laid charge-sheet before the Judicial Magistrate of First Class, Sullurpet. The learned Magistrate took the charge-sheet on file as CC No.49 of 2008. 3. Notice before admission came to be ordered on 11.06.2008. 2nd respondent-de facto complainant entered into appearance through a counsel. 4. Learned counsel appearing for the petitioner submits that the petitioner purchased the property from A1 and A3 basing on the pattadar pass book issued by the Mandal Revenue Officer and therefore, no ill- motive can be attributed to the petitioner/A4. 5. I have gone through the charge-sheet averments and the statements recorded by the Police under Section 161 Cr.P.C. during the course of investigation. Indisputably, A1 is having pattadar pass book in respect of Ac.0.42 cents in Survey No.47/3 of Kotapoluru village. Indeed A1 entered into an agreement with A3. Thereafter, A1 and A3 jointly executed a sale deed in favour of the petitioner, who has been figured as A4 in the C.C. Even if it is assumed that A1 has obtained pattadar pass book by playing fraud on the revenue authorities, the petitioner cannot be made as a party to the alleged fraud. The petitioner purchased the property with a bona fide belief of title on A1, since A1 has pattadar pass book issued by the M.R.O., in his favour. 6. A further contention has been advanced that the dispute between the petitioner and the 2nd respondent-de facto complainant has been settled and pursuant to the said settlement, the 2nd respondent-de facto complainant executed a registered relinquishment deed dated 03.08.2009 in respect of the land covered under the registered sale deed dated 06.02.2004. This fact has not been contradicted by the learned counsel appearing for the 2nd respondent-de facto complainant. Such is the situation, the continuance of the proceedings against the petitioner/A4 in C.C.No.49 of 2008 on the file of the Judicial Magistrate of First Class, Sullurpet, amounts to abuse of process of Court. 7. Accordingly, the Criminal Petition is allowed quashing the proceedings in C.C.No.49 of 2008 on the file of the Judicial Magistrate of First Class, Sullurpet, in respect of the petitioner/A4 only. The interim stay granted on 11.06.2008 stands vacated. ______________________ B.SESHASAYANA REDDY, J. Date:05th August, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3077 of 2008 Dated:05th August, 2010