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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Latha, W/o Nagaraju – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. overview of criminal petition background (Para 1 , 2) |
| 2. arguments presented by both parties (Para 3 , 4) |
| 3. court's analysis of evidence and findings (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. final order quashing proceedings (Para 11) |
ORDER :
SACHIN SHANKAR MAGADUM, J.
This criminal petition is instituted by the petitioners, who include the original grantee (arrayed as accused No.2) as well as certain subsequent purchasers, seeking quashing of the criminal proceedings in Crime No.359/2023. The said case is presently pending before the Court of the Civil Judge and Judicial Magistrate First Class, Devanahalli and has been registered by respondent No.1–Police for the offences punishable under Sections 192(A)(1), 192(A)(3) and 192(A) of the KARNATAKA LAND REVENUE ACT , 1964 and Sections 506 , 120B, 420, 465, 415, 463 and 464 of the INDIAN PENAL CODE , 1860.
2. The genesis of the proceedings lies in a complaint lodged by respondent No.2 – the Revenue Officer, who alleged that the petitioners had forged revenue records in respect of the disputed land. Acting upon the said complaint, respondent No.1 registered Crime No.359/2023, arraying the petitioners as accused for the aforementio
The quashing of criminal proceedings was warranted due to established lawful title and the complaint being deemed frivolous and an abuse of process of law.
Continuation of proceedings in criminal matters is an abuse of process when allegations are purely civil in nature.
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