A complaint filed under Section 200 Cr.P.C. does not require a supporting affidavit to proceed if prima facie evidence exists against the accused, despite previous Supreme Court directives.

ORDER :

1. Petitioner who is arraigned as accused has filed this petition under Section 482 Cr.P.C, to quash the proceedings initiated against him in C.C.No.199/2021 (PCR No.69/2020) for the offences punishable under Sections 420 , 425, 468, 471, 200 and 426 of IPC, on the file of Senior Civil Judge and JMFC, Somwarpet, Kodagu.

2. For the sake of convenience the parties are referred to by their rank before the trial Court.

3. In support of the petition, accused has contended that based on the private complaint filed by respondent No.2/complainant, on reference under Section 156(3) Cr.P.C and after conducting investigation, concerned police have filed charge sheet for the offences punishable under Sections 420 , 425, 468, 471, 200 and 426 IPC. Petitioner is innocent of the offences alleged. He is falsely implicated. The concerned police without conducting proper investigation have filed charge sheet. The complaint is not supported by verifying affidavit, nor the remedy under Section 154(2) Cr.PC is exhausted before filing the complaint. Therefore, the entire proceeding is vitiated. There is also no application of mind by the trial Court before issuing summons. The concerned police have also not made any enquiry about O.S.No.6/2012. There is also Bar under Section 195 Cr.PC to take cognizance. Viewed from any angle, criminal proceedings are not maintainable and hence the petition.

4. In support of his arguments learned counsel for petitioner has relied upon the decision in Priyanka Srivastava Vs. State of U.P. (2015) 6 SCC 287 .

5. On the other hand learned High Court Government Pleader representing respondent No.1 State and the learned counsel representing respondent No.2/complainant submit that accused and father of complainant are siblings being the son of Hanumegowda @ Hanumanthegowda. He was owning landed properties in Madalapur and Kelagale Villages, Hassan District. He also owned landed properties in Niluvagila village, Kodlipet Hobli of Somwarpet, Kodagu District. During 2008, properties belonging to Hanumegowda @ Hanumanthegowda in Sy.No.271/16/P2 measuring 17 cents out of 2 acres was acquired by the Government for the purpose of Hemavathi reservoir project. He filed LAC. No.7/2016 for enhancement of the compensation. Partition is not effected in the family. Complainant and his brothers have filed O.S.No.6/2012 for partition. Sy.No.271/16P2 is one of the subject matter of the said suit.

6. During the pendency of LAC.No.7/2016 Hanumegowda @ Hanumanthegowda died leaving behind his wife, Thimmamma and four sons, Krishna Gowda, Mohan Gowda, Yogesha, Keshavamurthy and two daughter Savithri and Jayamma. However, accused filed LR application falsely claiming that he and his mother Thimmamma are the only legal heirs. Accused has also fabricated and forged document in support of the application. Therefore, complainant has filed complaint under Section 200 Cr.PC. It was referred for investigation under Section 156(3) Cr.P.C. After conducting detailed investigation, the concerned police filed charge sheet against the accused. There is prima facie material to proceed against him and pray to dismiss the petition.

7. In support of his arguments, learned counsel representing respondent No.2 has relied upon the decision in M/s SAS Infra Tech Private Ltd. Vs State of Telangana and Anr. Crl. Appeal No. 2574/2024 and SLP (Crl) No. 2123/2024 dated 14.05.2024.

8. Heard arguments and perused the record.

9. The relationship between complainant and accused is not in dispute. It is also not in dispute that the property in question belongs to the grandfather of complainant and a suit in O.S.No.6/2012 is filed for partition and it is pending. It is also an admitted fact that LAC.No.7/2016 was filed by the grandfather of complainant for enhancement of the compensation and during its pendency he died. It is also an admitted fact that accused filed application to bring the legal representatives of Hanumegowda @ Hanumanthegowda. In the said application, he