THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4869 of 2009 Date: 11.02.2011 Between : 1. Dr.B.Ramesh Babu, S/o. Sri Venkateshwar Rao and another … Petitioners/Accused No.1&2 And 1. The State of A.P. through Public Prosecutor & another … Respondent/Complainants HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4869 of 2009 ORDER: The petitioners 1 and 2/A1 and A2 are accused of offences punishable under Sections 420, 464, 468, 471 IPC in CC.No.295 of 2009 on the file of Additional Judicial Magistrate of the First Class, Sangareddy. The subject matter of the litigation is land in S.Nos.146/E and 147/E of Peddagoppularam village belonging to the 2nd respondent-defacto complainant. When the 2nd respondent left the village due to debts, it is alleged that a fake death certificate of the 2nd respondent was created by the accused with the help of the Village Administrative Officer and Revenue Officials and the lands were mutated in the name of the 2nd respondent’s wife. There is no dispute that the accused are director and supervisor in Medwin Hospitals, Hyderabad. After mutation of the 2nd respondent’s wife’s name for the lands, Medwin Hospitals Services (Private) Limited purchased the lands from the 2nd respondent’s wife and children under registered sale deed dated 23.08.2001. The question of deeming death of a person arises only after the whereabouts were not known by the persons who hear about him for a continuous period of seven years. But, in this case, it is alleged that even prior to the said period of seven years, a fake death certificate was brought into existence. After nine years of leaving the village, the 2nd respondent again returned to the village and started this litigation. It is contended by the petitioner’s counsel that subsequently, with a view to purchase peace from the 2nd respondent, Medwin Hospitals again obtained registered sale deed from the 2nd respondent for the same lands on 07.09.2007. The Village Administrative Officer was no more by the date of filing of charge sheet in the lower Court. The Police deleted the Mandal Revenue Officer and the Revenue Inspector from the case on the ground that they had no role to play. In any event, in view of the 2nd respondent again executing the sale deed in favour of Medwin Hospitals, litigation in this case does not survive. By the alleged creation of death certificate, the accused did not get any benefit. It is only when wife of the 2nd respondent and his children executed the sale deed on 23.08.2001, the accused tried to derive title to the lands in question. In that view of the matter, it cannot be said that the accused had any complicity in commission of offences in this case. 2. In the result, the Criminal Petition is allowed quashing proceedings in CC.No.295 of 2009 on the file of Additional Judicial Magistrate of the First Class, Sangareddy. __________________________ SAMUDRALA GOVINDARAJULU, J Dt: 11th February, 2011 ysk HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4869 of 2009 DATED:11.02.2011 ysk