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2024 Supreme(SC) 40

ABHAY S. OKA, UJJAL BHUYAN
Shadakshari – Appellant
Versus
State Of Karnataka – Respondent


Advocates appeared:
For the Appellant(s) : Mr. C.B. Gururaj, Adv. Mr. Animesh Dubey, Adv. Mr. Prakash Ranjan Nayak, AOR Mr. K.P. Singh, Adv.
For the Respondent(s): Mr. D.L. Chidananda, AOR Mr. Ravindera Kumar Verma, Adv. Mr. Rajivkumar, AOR

JUDGMENT :

(Ujjal Bhuyan, J.)

Heard learned counsel for the parties.

2. Challenge made in this appeal is to the order dated 25.11.2020 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No.4998 of 2020 (Sri. Mallikarjuna Vs. State of Karnataka) quashing the complaint dated 19.12.2016 lodged by the appellant; the chargesheet in C.C. No.116 of 2018 including the order dated 28.03.2018 passed therein by the learned Judicial Magistrate First Class, Belur.

3. Facts lie within a very narrow compass. The appellant as the complainant lodged a first information report dated 19.12.2016 (referred to as ‘the complaint’ in the impugned order) alleging that respondent No.2 and another were irregularly creating documents of property in the name of dead person despite knowing the fact that those were fake documents, such as, death certificate, family tree of the original successor of land of the appellant etc. for illegal gain. The said first information was received and registered by Haleebedu Police Station, Belur as Crime No. 323/2016 under Sections 409, 419, 420, 423, 465, 466, 467, 468, 471 and 473 of the Indian Penal Code, 1860 (IPC) read with Section 149 and Section 34 ther

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