Multiplicity of FIRs on identical facts constitutes abuse of process; existing CBI investigation into core allegations must prevail over new criminal proceedings.

ORDER :

(PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)

These writ petitions, though filed separately, are interconnected and are therefore taken up together for final disposal.

2. W.P. No.22218/2025 is filed by Accused No.1 seeking quashing of FIR in Crime No.453/2025.

3. W.P. No.3923/2025 is filed by Accused Nos.2 to 4, who are subsequent purchasers of the disputed lands, seeking quashing of FIR in Crime No.52/2025.

4. W.P. No.16266/2025 is filed by the second respondent/de facto complainant seeking transfer of investigation in Crime No.52/2025 to the Central Bureau of Investigation (CBI).

5. BRIEF FACTUAL BACKGROUND:

The genesis of the present batch of petitions can be traced to the death of one K. Raghunath, who allegedly died by suicide on 04.05.2019 in a guest house. The said Raghunath was the husband of Smt. Manjula, the second respondent herein.

6. Accused No.1 asserts that the deceased had executed a registered will dated 20.04.2018, registered on 24.04.2019, bequeathing his immovable properties in favour of Accused No.1. It is further contended that Accused No.1 was a Director in entities of the D.A. Adikeshavalu Group, engaged in real-estate ventures, and that due to statutory restrictions on agricultural land purchase, certain acquisitions were routed in the name of the deceased under several Memoranda of Understanding dated 17.05.2005.

SEQUENCE OF PRIOR PROCEEDINGS:

7. Upon the demise of K. Raghunath, his widow lodged multiple complaints alleging forgery and fabrication of the will and related documents. The following table presents the details of the FIRs and related proceedings:

EARLIER COURT ORDERS & CBI INVESTIGATION:

8. This Court in W.P. No.4333/2021 (order dated 28.03.2021) had permitted constitution of a Special Investigation Team (SIT). Subsequently, on dissatisfaction with progress, the de facto complainant approached this Court again in W.P. No.7784/2022, resulting in an order dated 03.09.2022 directing transfer of investigation in Crime Nos.89/2020, 148/2020 and 7/2021 to the CBI.

9. Aggrieved, Accused No.1 and others approached the Hon’ble Supreme Court in SLP Nos.10449/2022 and 10515/2022. The Apex Court, affirming the order of this Court, directed as follows:

“18. Reverting back to the facts of the present case, the deceased was closely associated with DKA, a member of Parliament and Chairman of Temple Sri Venkateswara Swamy Temple (Tirumala Tirupathi Devasthanam). The deceased, a close confidant of DKA, was a successful realtor and had huge assets in and around Bangalore. His mysterious death was preceded by execution of two different Wills, one in favour of his wife/respondent no. 1 and the other in favour of respondent No. 12 which was registered after his controversial death. There are civil proceedings relating to mutation and declaration of title as well as the allegations concerning forgery of stamp papers. The learned Magistrate while directing further investigation and the High Court, under the impugned order, has highlighted the glaring defects in the investigation which we have avoided to reiterate so that it does not influence the CBI investigation. However, the fact remains that the truth surrendering the death of K. Raghunath needs to be settled after a complete and fair investigation by the CBI which, in the facts and circumstances of the present case, has