A private criminal complaint filed under Section 200 of the Cr.P.C. must be supported by a sworn affidavit to ensure the complainant's accountability and permit the Magistrate to verify the veracity of allegations, otherwise, it is considered legally defective.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, R/W.482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 06.01.2023 VIDE ANNEXURE-A PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, HIREKERUR IN P.C.NO.02/2023 IN TAKING COGNIZANCE FOR THE OFFENCE PUNISHABLE UNDER SECTION 200 CR.P.C, IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE PRIVATE COMPLAINT DTD: 06.01.2023 VIDE ANNEXURE-B BRG.NO.PCR.NO.02/2023 REGISTERED BEFORE THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, HIREKERUR, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR DICTATING ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

This writ petition is filed under Article 226 and 227 of the Constitution of India r/w Section 482 of Cr.P.C. praying to quash the proceedings against the petitioners with the following prayer:

“WHEREFORE, for the reasons stated above, the Petitioner humbly prays that this Hon’ble Court may kindly be pleased to:-

A) Issue writ in the nature of certiorari quashing the impugned order dated 06.01.2023 vide Annexure-A passed by the Senior Civil Judge and JMFC, Hirekerur in P.C.No.02/2023 in taking cognizance for the offence punishable under Section 200 Cr.P.C. in the interest of justice and equity.

B) Issue writ in the nature of certiorari quashing the Private Complaint dtd: 06.01.2023 vide Annexure-B brg No. PCR.No.02/2023 registered before the Hon’ble Senior Civil Judge and JMFC, Hirekerur, in the interest of justice and equity.

C) Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.”

2. It is the brief case of prosecution that the father of respondent No.2/complainant is the owner of the Site bearing Plot No.2 formed in Sy.No.132/2A as it was allotted by the Society. Thereafter, the petitioners have made conspiracy to each other to usurp the said site have created false document of Will so as to falsely depicting that the father of the complainant has bequeathed the property through Will in the name of the Society, in which the petitioners were Directors in the Society and got mutated their names in the Society over the property of the father of the respondent No.2/complainant. Thus, committed the offence alleged of forgery, etc., punishable as above stated.

3. Heard Sri.Nandish Patil and Sri.Ramachandra V. Bhat, learned counsels appearing for the petitioners and Sri.Abhishek Malipatil, learned HCGP appearing for the respondent No.1/State and Sri.V.M.Sheelvant, learned counsel appearing for the respondent No.2/complainant.

4. The learned counsel for the petitioner submitted that the entire complaint is in the nature of civil dispute regarding proving of Will and in this regard, the respondent No.2 has filed the suit in O.S.No.204/2022 and same is pending for trial. Therefore, when the execution of Will is under test in the trial in the suit, but the respondent No.2 has filed this private complaint, is nothing but giving criminal colour into a civil dispute. Thus, it is abuse of process of Court.

5. Further submitted that the private complaint filed under Section 200 of Cr.P.C. by the respondent No.2/complainant is not supported by the affidavit as per the principle of law laid down by the Hon’ble Supreme Court in the judgment of Priyanka Srivastava and Another v. State of Uttar Pradesh and Others ¹(2015) 6 SCC 287. Therefor