IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P. NO.8402/2019 BETWEEN SRI. YOGESH P. SHAH, S/O PRAVINCHANDRA R. SHAH, AGED ABOUT 56 YEARS, NO.39/1, NORTH PARK ROAD, KUMARA PARK EAST, BANGALORE-560001.
…PETITIONER (BY SRI MOHAMMED MUJASSIM, ADV.) AND 1. STATE OF KARNATAKA HIGHGROUNDS POLICE STATION, BENGALURU-560052, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.
2. SRI SANJAY MURALIDHAR PUNJABI S/O. MURALIDHAR T.PUNJABI, AGED ABOUT 56 YEARS, NO.39/1, NORTH PARK ROAD, KUMARA PARK EAST, BANGALORE-560001.
…RESPONDENTS (BY SRI H.R.SHOWRI, HCGP FOR R1.) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.150/2019 FOR THE OFFENCE P/U/S 447,504,506 OF IPC PENDING BEFORE THE VIII ADDL.C.M.M., BENGALURU AGAINST THE PETITIONER VIDE ANNEXURE-A AND B.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Govt. Pleader.
2. Petition is preferred praying to quash the FIR registered as Crime No.150/2019 by the respondent police for the offences punishable under Sections 447, 504 and 506 of IPC. Learned counsel for the petitioner would make an attempt to convince the court that this is a second complaint and it was not the subject matter of the earlier writ petition and that what was challenged in the earlier writ petition was the police notice dated 01.10.2019 and that the instant complaint is a second complaint. This court while disposing off the writ petition preferred by the petitioner registered as W.P.
No.49833/2019 (GM-POLICE) by order dated 14.10.2019 in paragraph 4 has specifically ordered as under:-
4. Having heard learned counsel for the petitioner and learned Addl. Government Advocate, it is seen that the petitioner is claiming his right under a oral Will said to have been executed by Sri. Muralidhar T. Punjabi, who is the original owner of the property. There is dispute between the petitioner and respondent No.3 in respect of the immovable property. It is the parties who is aggrieved was to approach the competent civil Court and mere issuance of notice by respondent police for enquiry is not the basis for deciding the title between the parties. The respondent police are directed to investigate into Cr.No.150/2019 and proceed in accordance with law without interfering with the peaceful possession and enjoyment of the property in question either by the petitioner or respondent No.3. It is for the petitioner to protect his possession over the property by approaching the competent civil court for appropriate reliefs, if he so desires in accordance with law.”
3. From a reading of the above, it is apparent that the instant FIR was also the subject matter of hearing before the Co-ordinate Bench and the Co-ordinate Bench has taken cognizance of the registration of the complaint registered as Crime No.150/2019 and has further directed the respondent police to investigate the said complaint and proceed in accordance with law. Despite the said direction having become final and petitioner not having appealed against the same, the instant petition is filed seeking for the relief against the complaint registered as Crime No.150/2019. The instant petition is nothing but an abuse of the process of law. Despite the petitioner being put on notice, he would insist upon continuing his argument and consume valuable judicial time. Despite the fact that the said matter had already attained finality at the hands of this court in writ petition noted supra. Hence, this is a petition which requires to be rejected with exemplary cost, consequently, the petition is dismissed with a cost of Rs.50,000/- (Rupees Fifty Thousand only). Cost to be deposited by the petitioner within two weeks, failing which, Registrar General (RG), High Court of Karnataka, shall take appropriate action to recover the cost.
In view of disposal of the petition, I.A. 1/19 for stay does not survive for consideration and is accordingly disposed off.
Sd/- JUDGE Chs* CT-HR