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2021 Supreme(Kar) 964

M. G. UMA
CHANDRUMAL – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Advocate Appeared:
Praveen K. Uppar, A.P. Murari, Pradeep Kumar, Jagadish Patil.

JUDGMENT :

M.G. Uma, J.

1. The petitioners who are arrayed as accused Nos.2, 5, 6 and 7 in crime No. 12/2018 of Khade Bazar Police Station registered on the basis of the order dtd. 18/1/2018 passed by the learned JMFC-III Court at Belagavi in PCR No. 1/2018, for the offences punishable under Ss. 120B, 201, 419, 471, 468 an 420 of IPC, are before this court seeking to quash the criminal proceedings initiated against them, in the interest of justice.

2. Brief facts of the case are that, respondent No. 2 being the complainant filed the private complaint in PCR No. 1/2018 before the trial court against accused Nos.1 to 7 alleging commission of the offence as stated above. It is contended that respondent No. 2 had filed a suit in O.S.No. 43/2009 before the learned II Additional Senior Civil Judge, Belagavi, seeking declaration that he is the owner in possession of the suit property as per the oral gift by his father and also to declare that the sale deed executed by his father in favour of accused No. 1 is illegal, void and is not binding on him. The said suit came to be dismissed, vide judgment and decree dtd. 28/3/2013. Being aggrieved by the same, respondent No. 2 preferred an appeal in

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