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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF MAY, 2022

BEFORE

THE HON9BLE MR. JUSTICE HEMANT CHANDANGOUDAR

CRIMINAL PETITION NO.6421/2015

BETWEEN:

1.

SRI T. MAHADEVA,

AGED ABOUT 40 YEARS,

S/O SRI THAMMEGOWDA,

RESIDENT OF PREMISES NO.431,

4^TH MAIN, 14^TH CROSS,

14^TH BLCOK, NAGARABHAVI 2^ND STAGE,

BANGALORE-560 072.

2.

SRI A. RUDRAGOUD, BCOM, CA,

AGED ABOUT 55 YEARS,

S/O THIPPAREDDY,

RESIDENT OF NO.493,

9^TH BLCOK, 2^ND STAGE,

BDA LAYOUT, NAGARABHAVI,

BANGALORE-560 072.

...PETITIONERS

(BY SRI C.V. NAGESH, SENIOR COUNSEL FOR

SRI K. RAGHAVENDRA, ADVOCATE)

AND:

1.

STATE OF KARNATAKA

BY STATION HOUSE OFFICER,

VIJAYANAGARA POLICE STATION,

BANGALORE CITY-560 040.

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2.

SRI K. NAGAPRASAD

MAJOR IN AGE,

S/O KANTHARAJU,

RESIDENT OF NO.108

1^ST CROSS, 8^TH MAIN,

CENTRAL EXCISES LAYOUT,

VIJAYANAGAR,

BANGALORE-560 040.

SINCE DEAD BY HIS LEGAL REPRESENTATIVES

2(1) SMT. ANITHA PRASAD

W/O LATE K. NAGAPRASAD,

AGED MAJOR,

2(2) MS. PRAGNA

D/O LATE K. NAGAPRASAD,

AGED MINOR,

2(3) MR. SAMARTH

S/O LATE K. NAGAPRASAD,

AGED MINOR,

RESPONDENT NOS.2(2) AND 2(3) ARE MINORS

REPRESENTED BY ITS NATURAL GAURDIAN THEIR

MOTHER SMT. ANITHA PRASAD

ALL ARE RESIDING AT

NO.108, 1^ST CROSS, 8^TH MAIN,

CENTRAL EXCISE LAYOUT,

VIJAYANAGARA, BENGALURU-560 040.

(AMENDED CAUSE TITLE VIDE ORDER DATED 21.03.2022)

&RESPONDENTS

(BY SRI S. VISHWAMURTHY, HCGP FOR R-1;

V/O DATED 21.03.2022 NOTICE TO LR9S OF

R-2 IS HELD SUFFICIENT)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH

THE FIR IN CRIME NO.483/2015 REGISTERED AT VIJAYANAGAR

POLICE STATION, BANGALORE FOR OFFENCES WHICH ARE

MADE PENAL UNDER SECTIONS 417, 418, 420, 363, 365, 504,

506(B) AND 34 OF IPC AND WHICH FIR HAS BEEN SUBMITTED

TO THE COURT OF 24^TH A.C.M.M., BANGALORE CITY.

THIS CRIMINAL PETITION COMING ON FOR HEARING THIS

DAY THROUGH VIDEO CONFERENCING/PHYSICAL HEARING, THE

COURT MADE THE FOLLOWING:

O R D E R

The FIR was lodged by the deceased respondent No.2

alleging that on 21.11.2012, the petitioners-accused herein by

abducting him got executed two registered Power of Attorney in

respect of agricultural property belonging to him and it was

further alleged that on 29.8.2015, the petitioners-accused by

criminally trespassing into his house abused and threatened him

and his family members to register the agricultural land in favour

of the nominees.

2.

The Police registered the FIR in Crime No.483/2015

for the offence punishable under Sections 417, 418, 420, 363,

365, 504, 506(B) read with Section 34 of IPC. Taking exception

to the same, this petition is filed.

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3.

Mr. C.V. Nagesh, learned senior counsel appearing

for the petitioners9 counsel submits that the Power of Attorneys

were registered in favour of the petitioners-accused on

21.11.2012 and the FIR was lodged after more then three years

from the date of the alleged incident without offering any

plausible explanation which clearly implies that the FIR so lodged

is to wreck vengeance and to harass the petitioners-accused. He

further submitted that allegations against the petitioners-

accused that they have forcibly taken the cheques is falsified

having regard to the fact that the petitioners-accused herein

filed a complaint under Section 138 of N.I. Act prior to lodging

of the FIR and the same culminated in conviction of the

deceased respondent No.2. Hence, he submitted that the

impugned FIR registered against the petitioners requires to be

quashed.

4.

On the other hand, learned HCGP appearing for the

State would submit that allegations made in the FIR clearly

disclose the commission of offences alleged against the

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petitioners-accused and the matter requires to be investigated,

and at this stage, the same does not warrant any interference.

5.

I have considered the submissions made by the

learned counsel for the parties.

6.

Th