ORDER :

M. Nagaprasanna, J.

The petitioners/accused 1 and 2 are before this Court calling in question registration of a crime in Crime No.430 of 2023 registered for offences punishable under Sections 406 and 420 of the IPC.

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

The 2nd respondent, the complainant and petitioners 1 and 2 are members of the same family. The father of the complainant who is also the father of the 2nd petitioner had acquired a property pursuant to a registered sale deed in the year 1997 from one Dr. Latha Natarajan who acquired the land through a document executed by the Bangalore Development Authority. Thus, the father of the complainant became the absolute owner of the property. He dies. The mother who was suffering from cancer is said to have executed a mortgage deed in favour of ICICI Bank without the knowledge of the complainant by creating a mortgage for availing loan upon the property for Rs.7.10 crores. The said amount is transferred by the Bank into the account of the 1st petitioner. It is said to have been utilized by the 1st petitioner keeping the complainant in dark. Broadly on these circumstances, the complainant registered a complaint against the p