The central legal point established in the judgment is the exercise of power under Sec. 482 of Cr.P.C to prevent abuse of process of the Court and miscarriage of justice.

JUDGMENT :

1. In this petition, the petitioner is seeking to set-aside the order passed by Court of first Additional Chief Judicial Magistrate, Bangalore Rural District in C.C No.5007/2016 arising out of Cr.No.370/2014 dtd. 13/9/2016 for the offences punishable under Ss. 434, 427, 465, 468, 443 R/w 34 IPC vide annexure-A and also seeking quashment of the criminal proceedings initiated against accused No.3 who is the petitioner before this Court in C.C.No.5007/2016 registered by White Field Police Station, Bengaluru City vide Annexure-A, B, B1 and C.

2. Heard, learned counsel Sri. Amar Correa for the petitioner and so also, learned HCGP for respondent No.1 who are also present before the Court physically. But counsel for respondent No.2 Sri.Supreeth.S is appearing through video conferencing and heard his arguments by referring the materials relating to the case in Cr.No.370/2014 and so also, the materials which collected by investigating officer during the course of investigation in order to laying of charge sheet against the accused in C.C.No.5007/2015, and so also, the role made by the accused Nos.4 and 5 who are the owners of the properties relating to "Victorian View Layout Owners Welfare Association " and whereby accused Nos.1 and 2 have been purchasing the properties in order to formation of lay out. But this petitioner who is arraigned as accused No.3 namely Sri. Rudra Swamy which is subsequent purchaser.

3. It is transpired in the case of prosecution relating to the initiation of criminal prosecution by registering the case in Cr.No.370/2014 vide annexure-A. Based upon the complaint filed by the complainant, the White Field Police Station registered the case in Cr.No.370/2014 by recording the FIR for the aforesaid offences. But this petitioner is arraigned as accused No.3 vide Annexures-B and B1. Subsequent to registration of crime, by White Field Police Station having jurisdiction, the case has been taken up for investigation by the Investigating agency and thoroughly investigation has been done and laid the charge sheet against the accused before the Court having jurisdiction. But charge sheet consisting in respect of power of attorney relating to land measuring 1 Acre 35 guntas in Sy.No.55/2 of Nallurahalli Village belonging to Accused Nos.4 and 5 was executed in favour of Accused No.1. Subsequently, accused No.1 in collusion with accused No.2 had made plots in the said site and with an intention to cheat CW.2 and CW.3, got registered the plot bearing No.F-109, Khata No.180/3 measuring 4153 sq.ft in their name. These are all the materials that have placed on record and also facilitated by the learned counsel for petitioner for seeking intervention under Sec. 482 of Cr.P.C for quashment of the case registered against the petitioner.

4. Learned counsel Sri. Supreeth.S for respondent No.2 who is appearing through video conferencing and he has in conformity with the charge sheet materials laid by the investigating officer against the accused. Even though it is civil in nature of issue emerged in between complainant and the accused but the role of the petitioner being arraigned as accused as whereby in collusion with the co-accused is required to be facing of trial in a charge sheet laid by the investigating officer against the accused in C.C.No.5007/2016 and each one of the offences are required to be tested by the prosecution by placing evidence and it is only to be subjected to examination or cross-examination on the part of the defence side. But accused Nos.4 and 5 despite of knowing that the site has been sold through General Power of Attorney to accused No.1 but sold the same to C.W.2 and 3 with an intention to cheat them and without considering the General Power of Attorney executed in favour of accused No.1. But all the accused have been were hand in glouse relating to selling of property to petitioner/accused No.3 who is before this Court for seeking intervention for quashment of the charge sheet laid against him in