M. NAGAPRASANNA
Rajesh S/o Yallappa Totaganti – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
1. The petitioner is before this Court calling in question the proceedings in C.C. No.804/2022. The petitioner is the accused No.2 in the said proceedings.
2. Heard the learned counsel Smt. Pooja Savadatti appearing for petitioner and the learned HCGP Shri V.S. Kalasurmath appearing for respondent No.1.
3. Facts in brief, germane are as follows:
The 2nd respondent is the complainant. The 2nd respondent seeks to register a private complaint on 07.10.2015 against three accused. The petitioner is accused No.2. The learned Magistrate refers the private complaint for its investigation under Section 156(3) of the Cr.P.C., which then becomes a crime in Crime No.168/2015 registered for the offences punishable under Sections 420, 465, 467, 468, 471, 474 read with Section 34 of the IPC. The Police after investigation file a charge sheet against the petitioner. Filing of the charge sheet and the concerned Court taking cognizance of the offences is what drives the petitioner to this Court in the subject petition.
4. Learned counsel Smt. Pooja Savadatti appearing for the petitioner taking this Court through the documents appended to the petition would seek to demonstrate that all the allegat
M.L.Abdul Jabbar Sahib Vs. M.V. Venkata Sastri & Sons and others reported in 1969(1) SCC 573
M. Srikanth Vs. State of Telangana and another reported in 2019(10) SCC 373
An attesting witness cannot be implicated in a crime unless there are other allegations against them.
An attesting witness to a sale deed cannot be implicated in criminal proceedings unless further allegations link their actions to the alleged crime.
Point of law : Section 3 of the Transfer of Property Act is that two or more witnesses have seen the executant sign the instrument and in affirmation of this fact each of them have signed the instrum....
Mere attesting witness to sale deed not liable for forgery by impersonation absent benefit; identifier and knowing son liable under Section 468 IPC. Death register entry admissible under Evidence Act....
Forgery – There is presumption of correctness attached to certificate.
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