IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.1361/2017 BETWEEN:
V. T. NAGARAJAPPA, S/O HANUMANTHAPPA, AGED ABOUT 68 YEARS, VASANA-VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT-577601.
... PETITIONER (BY SRI N. RAMAKRISHNA, ADVOCATE) AND:
1. STATE OF KARNATAKA BY PSI MALEBENNURU POLICE STATION MALEBENNURU.
REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560001.
2. G. Y. SHAMBHULINGAPPA, S/O LATE YALLAPPA AGED ABOUT 57 YEARS, 1ST CROSS, BASAVARAJ PET, DAVANAGERE-577002.
3. KUSUMA H.
W/O LATE G. Y. HANUMANTHAPPA, AGED ABOUT 42 YEARS 1ST CROSS, BASAVARAJ PET DAVANAGERE-577002 4. G. Y. MARUTHI, S/O LATE YALLAPPA AGED ABOUT 48 YEARS NO.1916/A, GANGAMMA NILAYA 1ST MAIN, 2ND CROSS, JALINGARA, DAVANAGERE-577004.
... RESPONDENTS (BY SRI S. CHANDRASHEKARAIAH, HCGP FOR R1;
SRI SYED ANSER KALEEM, ADVOCATE FOR R2 TO R4) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ORDER DATED 05.09.2015 PASSED IN P.CR.NO.23/2014 (CONVERTED AS C.C.NO.729/2015 AFTER TAKING COGNIZANCE) BY THE LEARNED MAGISTRATE AND CONSEQUENTLY QUASH THE CRIMINAL PROCEEDINGS THEREOF.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard.
2. Respondent Nos.2, 3 and 4 filed a private complaint against petitioner in PCR No.23/2014 before the Prl. Civil Judge & JMFC, Harihar and the same was referred to Police under Section 156(3) of Cr.PC. Accordingly, FIR No.94/2014 was registered on 23.6.2014 in Malebennur Police Station.
3. The gist of the complaint is that property measuring 4 acres situated in Sy.No.61/P19 of Komaranahalli village, Harihara taluk belongs to one Smt. Basamma. She passed away in the year 1980. Her daughter - Gangamma also passed away on 8.4.2000. Gangamma’s children learnt that by furnishing a false family tree and a fake Will, petitioner has got ancestral property transferred to his name. Accordingly, they filed instant complaint. The Police after investigation have filed the charge sheet.
4. Learned counsel for the petitioner submits that complainants have successfully challenged change of mutation entry under the provisions of the Karnataka Land Revenue Act before the Assistant Commissioner and the same has been confirmed by the Deputy Commissioner and the property is now registered in the name of the complainants. Therefore the complainants having availed of statutory remedy, could not have filed the criminal complaint against the petitioner. Hence the proceedings are bad in law and may be quashed.
5. Learned advocate for Respondent Nos.2 to 4 - complainants submits that the petitioner has willfully filed false documents before the Revenue authorities and got the property transferred to his name. The Police, after investigation have filed the charge sheet and accordingly prays that this petition may be dismissed.
6. Learned Government Advocate argued in support of the charge sheet.
7. I have carefully considered the submissions of learned advocates for the parties and perused the records. The specific allegation in the private complaint is that petitioner has got the property transferred to his name on the strength of a false family tree and a fake Will. The same is fortified by the order passed by the Deputy Commissioner, Davangere in Proceedings No.RA/CR- 26/2016-17 dated 5.1.2018.
8. The aspect as to whether the forged documents were filed or otherwise can be proved only after a full fledged trial. In the circumstances, no grounds are made out to interfere by exercising powers under the provisions of Section 482 of Cr.PC.
9. Resultantly, this petition fails and it is accordingly dismissed.
No costs.
Sd/-
JUDGE Gss/-
Ch.yn.