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Crl.P.No.2345/2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF JULY, 2021

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

CRIMINAL PETITION No.2345 OF 2021

BETWEEN:

SRI.S.SOMANNA

S/O. LATE.B.M.SHAMANNA,

AGED ABOUT 56 YEARS,

R/AT NO.62, 1^ST MAIN ROAD,

BYATARAYANAPURA,

SAHAKARA NAGARA POST,

BENGALURU-560092.

& PETITIONER

(BY SRI.ARUN.G, ADVOCATE)

AND:

1.

STATE BY YELAHANKA POLICE STATION,

BENGALURU-560092.

(REPRESENTED BY STATE PUBLIC

PROSECUTOR, HIGH COURT COMPLEX)

BENGALURU-560001.

2.

SACHIDANANDA,

S/O. VELAYADANA,

AGED 40 YEARS,

NO.23, 22^ND CROSS,

BHUVANESHWARINAGAR,

K.P AGRAHARA,

BENGALURU-560023.

... RESPONDENTS

(BY SRI.R.D.RENUKARADHYA , HCGP:

R2-SERVED AND UNREPRESENTED)

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Crl.P.No.2345/2021

THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 OF CR.P.C TO QUASH THE FIR AND COMPLAINT IN

CR.NO.155/2019 (ARISING OUT OF PCR NO.10190/2019)

AGAINST THE PETITIONER /ACCUSED NO.1 FOR THE

ALLEGED OFFENCE P/U/S 120(B), 420, 465, 468, 419, 471

R/W 34 OF IPC REGISTERED BY RESPONDENT NO.1/

YELAHANKA POLICE STATION, BENGALURU ON THE FILE

OF XLIV ADDL.C.M.M., BENGALURU BY ALLOWING THIS

CRL.P.

THIS CRIMINAL PETITION IS COMING ON FOR

ADMISSION, THIS DAY THROUGH VIDEO CONFERENCE,

THE COURT MADE THE FOLLOWING:

O R D E R

Heard the learned counsel for the petitioner and

the learned HCGP for the first respondent.

2.

Petitioner

who

is

accused

No.1

in

Cr.No.155/2019 registered by the Yelahanka Police

Station for the offences punishable under Sections

120(B), 420, 465, 468, 419, 471 R/W 34 of IPC,

pursuant to order of reference passed by the Court of

44th Addl.C.M.M., Bangalore in PCR.No.10190/2019

has approached this Court with a prayer to quash the

entire proceeding in the said case.

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Crl.P.No.2345/2021

2.

Brief facts of the case that would be relevant

for the purpose of disposal of this petition are:

The complainant has filed a private complaint

before the Trial Court on 08.08.2019 wherein the

petitioner herein has been arraingned as accused No.1.

In the complaint it is averred that the property bearing

Sy.No.23 (Old Sy.No.10) situated at Manchenahalli,

Yelahanka Hobli, Bangalore measuring 4 acres and 1

gunta

was

granted

to

the

grandfather

of

the

complainant one Sri.N.Veluswamy. It is alleged that

Veluswamy expired on 16.11.1981. It is also alleged

that after the death of Veluswamy, petitioner herein

fraudulently got a saledeed executed in his favour on

02.01.2006. After the complainant came to know about

the same, he approached the ADLR and requested for

11-E sketch of the land and it is only then he came to

know about the fraud played by the accused persons.

The said private complaint filed by respondent No.2

herein was referred by the learned Magistrate to the

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Crl.P.No.2345/2021

jurisdictional police, who inturn registered FIR in

Cr.No.155/2019 against the petitioner and another.

Being aggrieved by the same the petitioner has

approached this court with a prayer to quash the entire

proceedings which is pending before the Trial Court as

against him.

3.

Learned counsel for the petitioner submits

that on the same set of facts, the mother of complainant

who is the daughter of late.Veluswamy had filed private

complaint in PCR.no.19321/2010 and even the said

complaint was referred to jurisdictional police under

Section 156(3) of Cr.P.C and police after investigation

have filed a 8B9 report in the said case. He submits that

the said 8B9 report has been accepted by the learned

Magistrate and the case has been closed on 08.10.2013.

He submits that subsequently, the complainant has

now filed fresh private complaint, based on the very

same set of facts which has resulted in registration of

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Crl.P.No.2345/2021

fresh FIR against the petitioner. He submits that the

same is not permissible and the complainant has

abused the process of law.

4.

Learned HCGP appearing for respondent

N