IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1729/2013 BETWEEN:
1.SMT REVAMMA WIFE OF S.NARSIMHA RAJU, AGED ABOUT 81 YEARS, R/A No.7/1, PALACE GUTTAHALLI MAIN ROAD, BANGALORE-560003 2.SRI N G RAJU SON OF S.NARASIMHA RAJU, AGED ABOUT 42 YEARS, R/A NO. 7/1, PALACE GUTTAHALLI MAIN ROAD, BANGALORE-560003. ... PETITIONERS (By Sri. B ROOPESH, ADVOCATE) AND:
1.THE STATE OF KARNATAKA BY SADASHIVANAGAR POLICE STATION, BANGALORE CITY.
2.CHADURANGA KHANTHRAJ URS S/O RAMACHANDRA RAJ URS MAJOR IN AGE, GYATHRI VIHAR, BANGALORE PALACE GROUND RAMANA MAHARSHI ROAD BANGALORE-80 ... RESPONDENTS (By Sri. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R-1; Sri.M.C. JAYAKIRTHI, ADV. FOR R-2 ) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED IN CR. NO.2/2013 PENDING BEFORE THE VII A.C.M.M., NRUPATUNGA ROAD, BANGALORE FOR THE OFFENCE U/S 420,468,506 R/W SEC.34 OF IPC AS PER ANNEXURE-A, B AND ALSO POLICE NOTICE DATED 14.03.2013 AS PER ANNEXURE-C.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for petitioners; learned counsel for respondent No.2 and learned Addl. SPP for respondent No.1. Perused the records.
2. This petition is filed seeking to quash the charge sheet laid against the petitioners in C.C.No.18143/2013.
3. The case of the prosecution is that petitioner No.1 executed a gift deed dated 23.2.2012 in respect of the properties comprised in Khata No.17 of Sadashivanagar, claiming to have acquired the same pursuant to a registered confirmation deed dated 9.2.1954, but both these documents were not registered in the registration office thereby making out a prima-facie case for prosecution of the petitioners for the alleged offences punishable under Sections 425, 511 and 120B of IPC.
3. In the wake of the above allegations which prima facie disclose commission of above offences, this is not a fit case to exercise jurisdiction under Section 482 of Cr.P.C.
Consequently, the petition is dismissed.
Sd/- JUDGE *alb/-.