Heard the learned counsel for the parties and

perused the records on admission.

The present petitions are filed with the

following prayers :-

In Crl.P.No.100015/2019:-

"To set aside the order dated 26.02.2018

passed in C.C.No.59/2016 (P.C.R.No.01/2016)

under Section 245 and 246 of Cr.P.C., by the

learned Senior Civil Judge and J.M.F.C., Yelburga

insofar as it relates to accused No.1 thereby

dismiss the complaint against accused No.1

registered for the offences punishable under

Section 420, 464, 465, 109, 120B, 209, 217,

- 4 -

120A, 121A, 466, 471, 474, 218, 219 r/w Section

34 of IPC.”

In W.P.No.103561/2018:-

“Issue a writ of certiorari quashing the order

dated 26.02.2018 so far as framing charge

against the petitioner in C.C.No.59/2016 before

the Senior Civil Judge and J.M.F.C., Yelburga at

Yelburga vide Annexure-E and consequently

quash the proceedings against the petitioner in

C.C.No.59/2016 before the Senior Civil Judge and

J.M.F.C., Yelburga at Yelburga.”

3.

The brief facts of the case are as under :-

Siddalingappa-respondent

filed

a

private

complaint before J.M.F.C., Yelburga for the offences

punishable under Section 420, 464, 465, 109, 120B,

209, 217, 120A, 121A, 466, 471, 474, 218, 219 r/w

Section 34 of IPC. The said complaint was registered

and the learned Magistrate recorded the sworn

statement of the said Siddalingappa and considered

the documents which were produced by him and took

cognizance of the aforesaid offences and directed

- 5 -

the

office

to

register

the

case

against

the

respondent

for

the

aforesaid

offences

in

C.C.No.59/2016.

Thereafter,

petitioner

herein

appeared before the jurisdictional Magistrate for

hearing before charge and the same was recorded by

the learned trial Magistrate. During the course of the

evidence before charge, the complainant is examined

as PW1 and one Sharanavva is examined as PW2 and

Abhay Kumar as PW3 and documents were marked

by

the

petitioner

showing

that

the

lands

in

Sy.No.67/AA and Sy.No.67E of Kuknur village was

sought to be developed by the father of the

petitioner at the first instance and applied for

conversion of the land and got approved and a

layout from Karnataka Town and Country Planning

Department in the year 1989. After the layout plan

was approved, the land was divided into house sites

as per the plan sanctioned by the Karnataka Town

and Country Planning Act and were sold to the public

- 6 -

at large by the father of the petitioner herein.

Subsequent thereto father of the petitioner got the

plan modified instead of getting it approved from the

Karnataka Town and Country Planning Department,

got it approved through the Administrator, Gram

Panchayath

of

Kuknur

village

and

altered

the

position of the sites which was approved by the

Town Planning Department in the year 1989. On

such modified plan, he created some more sites and

sold the same to the different persons other than

the persons who were already purchased the land as

per the original sanctioned plan approved by the

Town Planning Department. Whereby, the rights of

the purchasers of the sites got altered and a place

meant for public park was also got converted into

sites by the alleged modified plan and therefore, the

complainant and others approached the Civil Court

and

filed

a

suit

at

the

first

instance

in

O.S.No.13/2015. However, by filing an application,

- 7 -

under Order XXIII Rule 1 C.P.C., they withdrew the

suit. The learned trial Magistrate while allowing the

said application, specifically observed that the suit if

any to be filed by Siddalingappa and others must be

on a new cause of action. Nevertheless when the

said suit was pending, a private complaint came to

be filed by the respondent herein seeking action

against Satyanarayana (petitioner) and Suresha for

the aforesaid offences. It is the specific case of the

complainant that the documents are fabricated in

order

to

justify

the

high

handedness

of

the

petitioner in modifying the sanctioned plan from

Town Planning Department, Dharwad in the year

19