IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8263/2014 BETWEEN:
1. V.P. NAGESH, AGED ABOUT 36 YEARS, S/O PUTTARAJU, RESIDENT OF VADDARAHALLI VILLAGE, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571401.
2. M.B. MALLAIAH @ MADHUSUDHANA GOWDA, AGED ABOUT 34 YEARS, S/O BASAVARAJU, RESIDENT OF SANNEMALLE GOWDA STREET, MALAVALLI TOWN, MANDYA DISTRICT-571 401.
AND:
... PETITIONERS (BY SRI PRAVEEN C, ADVOCATE) 1. THE STATE OF KARNATAKA, BY MALAVALLI RURAL POLICE STATION, MALAVALLI, MANDYA 571401.
BANGALORE.
2. SMT. GOWRAMMA, AGED ABOUT 48 YEARS, W/O BASAVARAJU, PRESIDENT OF SHETTIHALLI VILLAGE PANCHAYATH, MALAVALLI TALUK, MANDYA DISTRICT-571401.
... RESPONDENTS (BY SRI VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1 R2 – SERVED & UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S. 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS FOR AN ALLEGED OFFENCES P/U/S 420, 468 R/W 149 OF IPC IN C.C.NO.82/2014 AGAINST THE PETITIONERS STILL PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners claiming to be the owners of certain property comprised in Survey No.20/1, 20/2, 20/3, 20/4 and 20/5 of Shettihalli Village formed sites in the above property and transferred the same to various purchasers. Based on these sale deeds, khatha was also mutated in the name of the purchasers. However, in an enquiry conducted by the Panchayath President, it transpired that eight accused persons including the officials of the Panchayath forged the revenue records, and facilitated the transactions entered into by the accused. In the complaint as well as in the charge-sheet, it is stated that demand register maintained in the Panchayath office does not contain any records showing formation of sites in the aforesaid land.
2. Having regard to the nature of allegations levelled against the petitioners and the evidence collected in support thereof, in my view, the proceedings cannot be quashed at this juncture. The contentions urged by the learned counsel for the petitioners that the FSL report obtained by the investigating agency does not establish the complicity of the petitioners herein in the alleged illegalities, may have to be considered by the Trial Court at the stage of hearing before the charge. Hence, reserving liberty to the petitioners to seek their discharge on the above plea, petition is dismissed.
3. In view of dismissal of the main matter, I.A.No.1/2014 for stay does not survive for consideration. Accordingly, it is dismissed.
Sd/- JUDGE MD