THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE COMPLAINT AND FIR AND ALL THE PROCEEDINGS IN CRIME NO.168/2017 PENDING ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU VIDE ANNEXURE-B TO C AND ALSO QUASH THE THREE NCR NOTICES ISSUED BY RESPONDENT NO.1 DATED 12.07.2017 VIDE ANNEXURE-L, L1 AND L2.

IN CRL.P NO. 9119/2022

BETWEEN:

SRI. K. RAVI AGED ABOUT 47 YEARS S/O KRISHNAPPA

RESIDING AT NO.126, PARAPPANA AGRAHARA

ELECTRONIC CITY POST BEGUR HOBLI BANGALORE-560100

...PETITIONER (BY SRI. JOE SEBASTIAN, ADVOCATE)

AND:

1. SRI. MURAHARI V.S/O JAISHANKAR,

AGED ABOUT 43 YEARS, RESIDING AT NO.14,

PRASANNA MEENAKSHI LAYOUT, VITTASANDRA VILLAGE,

BEGUR HOBLI, BANGALORE -560068

2. STATE OF KARNATAKA BY ELECTRONIC CITY POLICE STATION

BANGALORE-560100 KARNATAKA.

REPRESENTED BY THE STATE PUBLIC PROSECUTOR

KARNATAKA HIGH COURT BUILDINGS, BANGALORE-560001

...RESPONDENTS

(BY SRI. HARISH GANAPATHI, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.2;

SRI. RAJATH D.V., ADVOCATE FOR SRI. G. MANIVANNAN, ADVOCATE FOR RESPONDENT NO.1)

THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE PROCEEDINGS IN FIR IN CR.NO.97/2020, REGISTERED BY THE ELECTRONIC CITY P.S., FOR THE OFFENCE PUNISHABLE UNDER SECTION 427 AND 447 R/W SECTION 34 OF IPC, PRODUCED HEREWITH AS ANNEXURE-A AND THE CHARGE SHEET FILED ON 09.03.2021 IN C.C.NO.8363/2021, FOR THE OFFENCE PUNISHABLE UNDER SECTION 427 SECTIONS 447 AND 506 R/W SECTION 34 OF IPC PRODUCED AS ANNEXURE-B, PENDING ON THE FILE OF THE LEARNED CHIEF JUDICIAL MAGISTRATE WITH COSTS.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

In Crl.P No.6299/2017

The petitioner is before this Court challenging the registration of an FIR by the respondent No.1 in Crime No. 168/2017 of offences punishable under Sections 143, 144, 447, 504, 506, 120B, 420, 465, 468, 471, 427 read with Section 34 of IPC.

(i) On 17.06.2017, the respondent No.2 informed the respondent No.1 that, he had purchased half portion of Site No. 14 formed in Survey No.41/4 in terms of a sale deed dated 02.01.2013 and was in possession. He claimed that one Sri.H.A.Lokesh had purchased the remaining portion of Site No. 14. He contended that the petitioner herein being an Advocate, threatened him to vacate from the possession.

(ii) He claimed that after an enquiry, he came to know that the petitioner in collusion with the owners of the property had purchased 1 acre out of 2 acres 18 guntas in Survey No.41/4. He also came to know that the katha brought out in the name of the petitioner was fraudulent which was evident from the report of the Lokayuktha and that the Deputy Commissioner had passed an order canceling the katha in the name of the petitioner. He also alleged that 15 days prior to lodging of the complaint, on 16.06.2017 at about 1.00 p.m., when he and his friends were in the property, the petitioner along with others forcibly trespassed into the property and threatened respondent No.2 as to how he had constructed a house on the aforesaid property and that the construction put up by the respondent No.2 would be demolished.

(iii) The respondent No.2 further alleged that on 17.06.2017 at 8.00 a.m., when the respondent No.2 went to the property, the petitioner and others formed an unlawful assembly and forcibly trespassed into the property and demolished the compound as well as a house constructed thereon using earthmoving equipment. When respondent No.2 tried to question the petitioner, he was abused and also threatened of his life if he ever made any attempt to put up construction. He therefore, requested the respondent No.1 to initiate suitable action against the petitioner. Based on the said information, the respondent No.1 registered an FIR in Crime No.168/2017 for the af