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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 19^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO. 200206/2020

Between:

1.

Sri.Sukesh.N, S/o B.Nageshwar Rao,

Aged about 37 years,

HL-79, Nijalingappa Colony,

Raichur-584101.

2.

Sri.B.Nageshwar Rao,

S/o late Bheemanna,

Aged about 65 years,

HL-79, Nijalingappa Colony,

Raichur-584101.

3.

Sri.N.Narashimalu

S/o Narasappa Achari,

Aged about 73 years,

R/o H.No.1-4-373, S.B.H.colony,

Raichur-584101.

4.

Sri.N.Sriramachandra Murthy,

S/o late.B.Savareppa,

Aged about 49 years,

No.7-52/1, Rampuram,

Near Sadana Public School, Pewndurthi,

Vishakpatnam, Andhra Pradesh-531173.

… Petitioners

(By Sri.S.P.Kulkarni & S.B.Patil, Advocates)

R

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And:

1.

The State of Karnataka,

Represented by its Netaji Nagar Police Station,

Raichur East Circle,

Raichur-584101.

Now represented by Addl.State PP

High Court of Karnataka,

Kalburgi Bench, Kalburgi-585102.

2.

Sri.Santhosh Kumar.N @ Santhosh Nandini,

S/o late Narasimhalu,

Aged about 37 years,

No.L-246, Nijalingappa Colony,

Raichur-584101.

Dist, Raichur, Karnataka.

… Respondents

(By Sri.Gururaj.V.Hasilkar, HCGP for R1

Sri.Venugopal, Advocate for

Sri.Shivanand Patil, Advocate for R2)

This Criminal Petition is filed under Section 482 of

Cr.P.C. praying to call for the records in complaint dated

26.12.2019 filed by the second respondent in FIR/Crime

No.84/2019 registered before Raichur East Circle, Netaji Nagar

Police Station, Raichur, against the petitioners herein, for the

offences under Sections 419, 420, 467, 468, 471 read with

Section 34 of IPC and to quash the complaint dated

26.12.2019 and FIR dated 26.12.2019 in crime No.84/2019

registered by the first respondent police for the offences

punishable under Sections 419, 420, 467, 468, 471 read with

Section 34 of IPC, insofar as the petitioners herein are

concerned, being arbitrary, erroneous and opposed to law

equity and justice, amounting to abuse of process of Court

(Annexures-A & B).

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This Criminal petition having been heard and reserved

for judgment on 12.07.2021, coming on for ‘pronouncement of

orders’ this day, the court made the following:

O R D E R

The petitioners have filed this petition under Section

482 of Cr.P.C. for quashing the FIR registered in Crime

No.84/2019 on the file of the Netaji Nagar Police Station,

Raichur for the offences punishable under Sections 419,

420, 467, 468, 471 read with Section 34 of IPC.

2.

The brief facts leading to the case are that the

petitioner No.1 is the son of Nageshwar Rao while

petitioner No.2 is the son of late Bheemanna who is the

brother of Savarappa and petitioner No.3 is the brother of

late Bheemanna and uncle of late Savarappa while

petitioner No.4 is the son of Savareppa. Petitioner No.4 is

the son of Savareppa born to his first wife Vijayalakshmi.

It is the further case that Savareppa has obtained divorce

from his first wife and then contracted second marriage

with Jayashree. It is further the case that both Savareppa

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and his second wife Jayashree died in a road traffic

accident on 01.05.2009. That the respondent No.2 is the

son of the other brother of Savareppa by name

Narasimhalu;

that

the

father

of

respondent

No.2

Narasimhalu died prior to 2009 and the respondent No.2

has lodged a complaint on 26.12.2019 claiming that after

the death of Savareppa and his wife Jayashree, the

petitioners have taken certain amount from NEKRTC by

impersonating the present petitioner No.4 as their son

and by filing an affidavit the amount was drawn. It is also

alleged that from second marriage of Saverappa with

Jayashree, they did not have any issues and they have

also obtained Heirship Certificate by showing that the

petitioner No.4 is the legal heir of Saverappa. Hence, he

lodged a complaint for initiation of the action. On the

basis of the complaint, the investigating office