IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 12^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 201466 OF 2024 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. SRI BHAGAWANTHAPPA S/O KANTEPPA HEROOR, AGE: 84 YEARS, OCC: AGRI, R/O. MANIKESHWARI CHOWK DEVAL GHANGAPUR VILLAGE, TQ. AFZALPUR, DIST. KALABURAGI-585301.

2. SMT. MONA @ MONAMMA W/O JAYAWANTH MATHRE, AGE: 55 YEARS, OCC: AGRI, R/O. JAYAWANTH BUNGLOW NANA DHARMADHIKARI MARG NEAR AIMS HOSPITAL, DOMBIVILI, TQ. THANE MUMBAI MAHARASHTRA-421201.

3. SRI SWAKIT @SWATTI S/O JAYAWANTH MATHRE, AGE: 35 YEARS, OCC: AGRI, R/O. JAYAWANTH BUNGLOW NANA DHARMADHIKARI MARG NEAR AIMS HOSPITAL DOMBIVILI, TQ. THANE MUMBAI MAHARASHTRA-421201.

4. SRI GOPAL S/O KAMALAKAR BHATT, AGE: 60 YEARS, OCC: PUJARI, R/O. DEVAL GHANAGAPUR, TQ. AFZALPUR, DIST. KALABURAGI-585301.

5. SRI LAXMAN S/O CHANDAPPA HEROOR, AGE: 55 YEARS, OCC AGRI, R/O. DEVALGHANAGAPUR, TQ. AFZALPUR, DIST. KALABURAGI-585301.

6. SRI IRANNA S/O BASAPPA HAGARAGUNDAGI AGE: 45 YEARS, OCC: AGRI, R/O. DEVALGHANAGAPUR, TQ. AFZALPUR, DIST. KALABURAGI-585301.

…PETITIONERS (BY SRI B. BHIMASHANKAR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, THROUGH AFZALPUR POLICE STATION, R/BY, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585102.

2. SRI PRAKASH S/O PULASING PAWAR, AGE: 39 YEARS, OCC: SUB REGISTRAR AFZALPUR AGRI, R/O. H.NO.9-11-346 NEAR MINAKSHI NETRALAYA HYDERABAD ROAD, YADGIRI, TQ. YADAGIRI, DIST. KALABURAGI-585201.

…RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 SRI PRASHANT WAJANTRI, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC.

528 OF BNSS (NEW), PRAYING TO, QUASH, THE FIR IN CRIME NO. 0255/2024 REGISTERED BY THE AFZALPUR POLICE STATION AFZALPUR FOR THE OFFENCES 132,352,351(3) R/W 190 OF BHARTIYA NYAYA SANHITHA 2023, PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC AFZALPUR.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused Nos.1 to 6 are before this Court under Section 482 of Cr.P.C., with a prayer to quash the entire proceeding in Crime No.255/2024 registered by Afzalpur Police Station, Kalaburagi, for the offences punishable under Sections 132, 352, 351(3), 190 of Bharatiya Nyaya Sanhita, 2023, pending before the Court of Civil Judge (Jr. Dn.) and JMFC, Afzalpur, under Section 528 of Bharatiya Nagarika Suraksha Sanhita, 2023.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.255/2024 was registered by the Afzalpur Police Station, Kalaburagi, for the aforesaid offences, against the petitioners herein on the basis of the first information dated 03.10.2024 received from respondent No.2 herein. Being aggrieved by the same, the petitioners are before this Court.

4. Learned counsel for the petitioner submits that, there is an inordinate delay of more than one and half month in submitting the first information. He also submits that, for extraneous reason a false complaint has been given and no such incident had taken place on

16.08.2024.

5. Per contra, learned HCGP submits that, the investigation of the case is under progress. Learned counsel for the respondent No.2 submits that, he has no objection to grant the prayer made in the petition.

6. The respondent No.2 who is the first informant in the present case was working as Sub-Registrar in the Office of the Sub-Registrar, Afzalpur as on the date of the alleged incident. In the first information he has stated that, on 16.08.2024 when he was in his Office, the accused persons came to his office and threatened him with dire consequences to his life, if he does not register the sale deed in respect of a Plot bearing No.9/56 P.No.18 at Devalaganagapur. Though the alleged incident had taken place on 16.08.2024, the first information is belatedly lodged on 03.10.2024. The Hon’ble Supreme Court in the case of State of Andhra Pradesh vs. M. Madhusudha