IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7104/2013 BETWEEN:
R. Shankaregowda, S/o. Late Ramegowda, Aged about 56 years, Occ: Land Lord, R/o No.38/66, Mahadeshwara Nagar, Vijayanagara 2nd Stage, Mysuru – 570 016. …Petitioner (By Sri. K.V. Thimmaiah, Advocate) AND:
1. The State of Karnataka, By Vijayanagara Police Station, Mysuru – 570 016.
Represented by:
The State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
2. R. Rajashekar, Zonal Officer – 4, MUDA Zonal Office – 4, JLB Road, Mysuru City – 570 016. … Respondents (By Sri. Vijayakumar Majage, Addl. SPP for R1; R2 served and unrepresented) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the complaint and FIR dated 19.09.2013 registered on the file of Vijayanagar Police Station, Mysuru/Respondent No.1 in Crime No.271/2013 as against the petitioner for the offences punishable under Section 420, 465, 468 and 471 of IPC now pending on the file of III Addl. Civil Judge (Jr.Dn.) and JMFC Court, Mysuru and investigation and all further proceedings.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner and learned Addl. SPP for respondent No.1. Respondent No.2 is duly served and unrepresented.
2. The allegations made in the FIR pertain to falsification of the records. According to the complainant, sites have been formed by the petitioner in Sy.No.120 of Hinkal Village, which is acquired by the MUDA. These allegations prima-facie discloses the ingredient of criminal offence, which are required to be investigated. Hence, this is not a fit case to quash the proceedings.
Accordingly, petition is dismissed.
Sd/- JUDGE SV