IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7926 OF 2013 BETWEEN:
1. Mr. Denial Melwyn Vas, S/o. Alpohnse John D’Souza, Aged about 47 years, R/at Sheril Meril Xerox, Padma Complex, Bantwal Taluk, D.K. District-574 219.
2. Felix Pinto, S/o. Louis Pinto, Aged about 49 years, R/at Bambila House, Modankap Post, Amtady Village, Bantwal Taluk, D.K. District-574 211.
(By Sri. G. Ravishankar Shastry, Advocate) AND:
Roman D’Souza, S/o. late Ruzario D’Souza, Aged about 62 years, Residing at Kuriya Village, Bantwal Taluk, Represented by his GPA Holder Mr. Alwin D’Souza, …Petitioners S/o. late Louis D’Souza, Aged about 51 years, Residing at Krinki House, Modankap Post, Amtady Village, Bantwal Taluk, D.K. District-574 219. (Respondent served) ...Respondent This Criminal petition is filed under Section 482 Cr.P.C. praying to quash the order dated 5.12.2013 in PC No.46/2013 passed by the Addl. C.J. and JMFC, Bantwal, D.K. and consequently entire proceedings in P.C.No.46/2013 pending before the Addl. C.J. and JMFC, Bantwal, D.K. be quashed by allowing this petition for the reasons stated therein.
This Criminal petition coming on for Admission, this day, the court made the following:
O R D E R Heard learned counsel for the petitioners.
2. Respondent is served and unrepresented. Perused the records.
3. From the allegations made in private complaint, it is clear that a sale deed has come into existence in respect of the properties which were granted to the father of the complainant by the Land Tribunal. These allegations, prima facie, attract the ingredients of the offences alleged in the FIR. Therefore, the matter requires to be investigated.
4. Hence, I do not find any justifiable reason to interfere with the proceedings initiated against the petitioners based upon the private complaint filed by the respondent.
Accordingly, the petition is dismissed.
SD/- JUDGE KS