IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2185 OF 2016 BETWEEN:
SMT P HEMAMALINI W/O R RAVI, AGED ABOUT 39 YEARS, NO.396, "PUNARVASU”, M BLOCK, KUVEMPUNGAR, MYSURU-570 023 ... PETITIONER (BY SRI: SHIVARAMA BHAT O, ADVOCATE) AND 1. STATE OF KARNATAKA BY STATION HOUSE OFFICER LAKSHMIPURAM POLICE STATION, KRISHNARAJA SUB-DIVISION, MYSURU CITY-570 001 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001 2. KEMPALINGAIAH AGED ABOUT 87 YEARS, S/O LATE SIDDAPPA, REPRESENTED BY HIS DAUGHTER-IN-LAW BHAGYA W/O LOKESH, AGED ABOUT 43 YEARS, NO.28, 3RD CROSS,1ST STAGE, GOKULAM, MYSURU-570 003 ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: D.MANJUNATH, ADVOCATE FOR R2-ABSENT) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED IN PCR.NO.54/2014 ON THE FILE OF I ACJ AND JMFC, MYSURU.
THIS CRL.P COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner is aggrieved by the proceedings initiated against her for the alleged offences in PCR 5/2014.
2. Heard learned counsel for petitioner and learned Additional SPP for respondent No.1. Counsel for respondent No.2 is absent. Perused the record.
3. Respondent No.2 herein presented a private complaint before the Principal I Civil Judge, Mysore, on the allegations that the site allotted in favour of the complainant was illegally registered in the name of the petitioner herein at the active connivance of A1 and her husband-A2.
4. Learned counsel for petitioner submits that the petitioner is also one of the members of the Society and was legitimately entitled for allotment. There is nothing in the complaint to indicate that the petitioner was aware of the earlier allotment made in favour of the complainant and hence there is no truth or substance in the allegations leveled against the petitioner.
5. As there are allegations in the complaint that the petitioner was not a member of the Society and the site which was the subject matter of allotment has been registered in favour of the petitioner, the matter requires to be investigated and hence without expressing any opinion on the contentions urged by the petitioner, the petition is disposed of.
The Investigating Officer is directed to expedite investigation and submit final report within an outer limit of six months from the date of this order.
Sd/- JUDGE rs