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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
M.NAGAPRASANNA
D. Mohammed Javed, S/o. D. Hussain Sab – Appellant
Versus
State Of Karnataka, Through Brucepet Police Station, Represented By State Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. overview of the parties involved and the case background. (Para 1 , 2) |
| 2. court's observations on the legal proceedings and adherence to procedure. (Para 3 , 7 , 8 , 10 , 11) |
| 3. arguments presented by both petitioners and respondents. (Para 4 , 5 , 6) |
| 4. legal principles surrounding misuse of criminal law in civil disputes. (Para 12 , 13 , 14) |
| 5. outcome of the petition and subsequent court orders. (Para 15 , 16) |
ORDER :
M.NAGAPRASANNA, J.
Petitioners - accused Nos.1, 2 and 3 are at the doors of this Court calling in question proceedings in C.C.No.747/2020 registered for the offences punishable under Sections 420 , 465, 468 and 471 read with 34 of the IPC .
2. Facts in brief, germane, are as follows:
The petitioners are the residents of Ballari and are said to be living in the place for 60 to 70 years and are in the possession of all the necessary documents. It is their contention that they have been paying the Municipal taxes of the respective properties, which comes within the precincts of the City Corporation, Ballari. The second respondent is the complainant. A suit comes to be instituted by the second respondent and others in O.S.No.177/2019 seeking declaration and
The court ruled that criminal proceedings based on civil disputes without clear fraudulent intent are an abuse of process, necessitating dismissal of such charges.
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
Section 465 of IPC deals with punishment for forgery.
Power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the Code.
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