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THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA, J
SRI. R.RAGHU – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. claim of ownership and previous civil proceedings. (Para 3 , 10) |
| 2. court's rationale for quashing the fir based on possession. (Para 9) |
| 3. requirements for criminal trespass and the relevance of possession. (Para 11 , 12) |
| 4. final ruling and its implications for civil proceedings. (Para 13) |
ORAL ORDER
Petitioner – accused No.1 is calling in question registration of a crime in Crime No.44/2023, pending on the file of the VII Additional Chief Metropolitan Magistrate, Bengaluru, for offences punishable under Sections 447 r/w. 34 of the IPC .
2. Heard Sri Sunil Kumar S., learned counsel for petitioner, Sri B.N.Jagadeesha, learned Additional State Public Prosecutor for respondent No.1 and Sri K.S.Chandrahasa, learned counsel for respondent No.2.
3. The facts adumbrated are as follows:
The petitioner is said to be an allottee from the hands of NTI Housing Co-operative Society Limited of a particular site, in site No.629. The petitioner claims to be in possession of the said property. Owing to certain disturbance at the hands of respondent No.2, the petitioner institutes a suit in O.S.No.4586/2012 seeking permanent injunction against respondent No.2 and NTI Housing C0operative
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