IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.3980 OF 2019 BETWEEN:
1. SRI B R LAKSHMANAGOWDA, SON OF RAJEGOWDA, AGED ABOUT 48 YEARS, RESIDING AT BILAGUNDA VILLAGE, HARANAHALLY HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT, PIN CODE - 571 107.
2. SMT SHASIKALA, WIFE OF B.R. LAKSHMANAGOWDA, AGED ABOUT 38 YEARS, RESIDING AT BILAGUNDA VILLAGE, HARANAHALLY HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT- 571 107. ..PETITIONERS (BY SRI SIDDAMALLAPPA P.M, ADVOCATE) AND:
AKSHARAM EDUCATIONAL TRUST, NO.259 GUMMANAKOLLI VILLAGE, KUSHALNAGARA HOBLI, SOMAWARPET TALUK, KODAGU DISTRICT,PIN CODE - 571 234, REPRESENTED BY MANAGING TRUSTEE, SRI RAJ VINCI ADHARSH. …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO (a) SECURE RECORDS IN C.C.NO.179/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC PERIYAPATNA; (b) QUASHED THE IMPUGNED ORDER DATED 17.05.2018. PASSED AS PER ANNEXURE A IN C.C.NO.179/2018 BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA. BY ALLOWING THE ABOVE PETITION WITH EXEMPLARY COST.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioners have sought for following reliefs:
(i) Secure records in C.C.No.179/2018 on the file of Senior Civil Judge and JMFC, Periyapatna.
(ii) To quashed the impugned order dated 17.05.2018, passed as per Annexure A in C.C. No.179/2018 by the learned Senior Civil Judge and JMFC, Periyapatna, by allowing the above petition with exemplary cost in the interest of justice and equity.
2. The learned Senior Civil Judge and JMFC Periyapatna while passing order on 13.09.2017 taken cognizance of the offence punishable under Section 420 against accused Nos.1 and 2.
3. The learned counsel for the petitioners submitted that there were certain civil litigation among the petitioners and the complainant. In the guise of meeting the civil litigation the complainant has filed a complaint.
4. Para 8 of the order dated 13.09.2017 reads as under:
“ 8. On careful perusal of the complaint averments the contents of the affidavit filed by way of sworn statement and the documents tendered in evidence it is abundantly clear that the accused persons by playing fraud and misrepresentation have executed a lease deed with respect to property bearing Sy.No.32/7 measuring 1 acre 30.08 guntas by wrongfully described it to be situated at Bilagunda village, Haranahalli Hobli, Periyapatna taluk even though the property is situated at Nilawadi village, Bettadapura hobli, Periyapatna taluk. It is abundantly clear that prima facie there are materials to proceed against the accused persons for the offence of cheating as contemplated under Section 420 of IPC. In so far as other offences are concerned prima facie there is no material to proceed against the accused for the same. Hence for the aforesaid reasons I answer the point raised “Partly Affirmative” and pass the following-
ORDER Cognizance of the offence punishable under Section 420 of IPC is taken against the accused Nos.1 and 2.
Office is directed to register the case in register no.3 against the accused for the offence punishable under Sec.420 of IPC and issue summons to accused Nos.1 and 2 for the offence punishable under Section 420 by RPAD if sufficient process, RP charges, complaint copies are furnished returnable by 18.08.2018.”
5. Having regard to the allegations relating to playing fraud and misrepresentation in respect of execution of a lease deed pertaining to property bearing Sy.No.72/7 measuring 1 acre 30.08 guntas which is alleged to have been wrongly reflected as if it is situated at Bilagunda village, Haranmahalli hobli, Periyapatna taluk, even though prima face property is situated at Nilawadi village, Bettadapura Hobli, Periyapatna taluk. Thus prima face Section 420 of IPC is attracted. Accordingly, the petitioners have not made out a case so as to interfere with the order dated 13.09.2017. Hence, the petition stands dismissed.
Sd/- JUDGE Ykl