IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7515 OF 2016 BETWEEN:
SRI. KUMAR S/O NAGARAJEGOWDA AGED ABOUT 30 YEARS R/O KALKERE VILLAGE NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573131.
(BY SRI: K.N.NITISH, ADVOCATE) AND 1. STATE BY NUGGEHALLI POLICE STATION CHANNARAYAPATNA TALUK, HASSAN DISTRICT-523102.
2. SRI SHANKAREGOWDA S/O LATE NANJEGGOWDA @ PAPANNA AGED ABOUT 56 YEARS KALKERE VILLAGE, NUGGEHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573131.
... PETITIONER ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1: SRI: S.KUMARASWAMY, ADVOCATE FOR R2-ABSENT) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AT ANNEXURE-A IN CR.NO.97/2015 OF NUGGEHALLI POLICE STATION, CHANNRAYAPATNA TALUK, HASSAN DISTRICT AND CHARGE SHEET AT ANNEXURE-C REGISTERED IN C.C.NO.844/2016 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 419, 420, 423, 471 R/W 34 OF IPC ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC, CHANNRAYAPATNA.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner is shown as accused No.3 in the charge sheet laid by respondent No.1 Police for the alleged offences punishable under sections 419, 423, 420, 471 read with 34 of IPC.
Heard learned counsel for petitioner and learned Addl. SPP for respondent No.1 – State. Learned counsel for respondent No.2 is absent and has not addressed any arguments. Perused the records.
2. There are clear allegations in the charge sheet that accused No.2 impersonated the deceased original owner Sri Ramegowda and executed a registered sale deed in respect of Sy.No.183/1 measuring 1 acre 19 guntas of land in the name of accused No.1. According to prosecution, the said sale deed was scribed by accused No.5 and attested by accused No.4.
3. Insofar as the present petitioner/accused No.3 is concerned, except making a general and omnibus allegation that he conspired with other accused persons and brought about a forged document, the charge sheet does not contain any specific material showing the complicity of the petitioner in the alleged offence. Under the said circumstances, the implication of present petitioner in the alleged offence is without any basis and without legal evidence and cannot be sustained. In that view of the matter, the prosecution instituted against petitioner/accused No.3 cannot be permitted to continue.
Accordingly, petition is allowed. Charge sheet laid in C.C.No.844/2016 on the file of II Addl. Civil Judge & JMFC, Channarayapatna is quashed only insofar as petitioner/accused No.3 Sri Kumar is concerned. Trial shall proceed against other accused persons in accordance with law.
Bss Sd/- JUDGE