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2024 Supreme(Kar) 206

M. NAGAPRASANNA
Aravinda – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Sri K.B.K.Swamy, Advocate, for the Petitioner; Sri Thejesh P., HCGP for R-1; Sri S.R.Sreeprasad, Advocate for R-2, for the Respondent.

ORDER

M. Nagaprasanna, J. - The petitioner/accused No.3 is knocking at the doors this Court calling in question an order dated 02-12-2022 passed by the 1st Additional District and Sessions Judge, Chikkaballapur in Spl.S.C.No.46 of 2021 arising out of crime in Crime No.43 of 2021 registered for offences punishable under Sections 114, 143, 147, 148, 149, 302, 307, 324, 447, 109 and 120B of the IPC and Section 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), 3(2)(va) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015 ('the Act' for short).

2. Heard Sri K.B.K. Swamy, learned counsel for the petitioner, Sri P. Thejesh, learned High Court Government Pleader for respondent No.1 and Sri S.R. Sreeprasad, learned counsel appearing for respondent No.2.

3. The facts, in brief, germane are as follows:-

    A complaint comes to be registered on 22-03-2021 by the 2nd respondent/complainant alleging that she was a grantee of 2 acres 15 guntas of land in Sy.No.280 of Avalnagenahalli Village, Chikkaballapura Taluk and the adjoining area of 3 acres on the eastern side is said to be reserved for a graveyard. It is the allegation that the present petitioner has encroached upon the portion of the said grave yard

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