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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

WRIT PETITION NO.51914 OF 2019 (GM-RES)

BETWEEN:

SRI. P C MOHAN

AGED ABOUT 55 YEARS

S/O PERICAL CHIKKAMUNISWAMAPPA

RESIDING AT NO.1928

30^TH CROSS, BANASHANKARI II STAGE

BENGALURU-560070

...PETITIONER

(BY SRI: G L VISHWANATH, ADVOCATE)

AND:

1.

THE DEPUTY COMMISSIONER OF POLICE

(SOUTH)

SOUTH END ROAD, GUPTA LAYOUT

JAYANAGAR

BANGALORE-560070

2.

ANANDA T R

AGED ABOUT 53 YEARS

S/O T S RANGANATHA

NO.922, 3^RD CROSS

SRIRAMPURAM

2

BANGALORE-560021

...RESPONDENTS

(BY SRI: V.S. HEGDE, SPP-II A/W

SMT: K.P. YASHODHA, HCGP FOR R1;

SRI: S. NAGARAJA, ADVOCATE FOR R2)

---

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

COMPLAINT DATED 12.9.2019 BEARING PCR NO.46/2019 PENDING

ON THE FILE OF HON’BLE LXXXI ADDITIONAL CITY CIVIL AND

SESSIONS JUDGE AT BANGALORE (SPECIAL COURT EXCLUSIVELY TO

DEAL WITH CRIMINAL CASES RELATED TO ELECTED MPs/MLAs IN THE

STATE OF KARNATAKA) FILED BY R-2 UNDER SECTION 200 OF

CR.P.C. FOR OFFENCES PUNISHABLE UNDER SECTIONS 171-G, 177,

181, 191, 193, 199 AND 200 OF IPC, PRODUCED AT ANNX-G AND

QUASH THE ORDER DATED 8.11.2019 PASSED BY HON’BLE LXXXI

ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE

(SPECIAL COURT EXCLUSIVELY TO DEAL WITH CRIMINAL CASES

RELATED TO ELECTED MPs/MLAs IN THE STATE OF KARNATAKA) IN

PCR NO.46/2019 DIRECTING INVESTIGATION UNDER SECTION 156(3)

OF CR.P.C. AND REFERRING THE COMPLAINT FOR INVESTIGATION

AND REPORT TO DCP (SOUTH) AT ANNEXURE-H.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED

FOR ORDERS ON

22.12.2020 AND

COMING

ON

FOR

PRONOUNCEMENT OF ORDER, THROUGH VIDEO CONFERENCE, THIS

DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

Respondent No.2 herein filed a private complaint seeking

prosecution of the petitioner for the offences punishable under

sections 171G, 177, 181, 191, 193, 199, 200 of Indian Penal

code, on the allegation that the petitioner (hereinafter referred

to as “accused”) intentionally out of fear that he would hurt the

feeling of a particular community and thereby loose elections,

suppressed the assets held by him and made a false declaration

in Form No.26 submitted before the Returning Officer for

contesting the Parliamentary Election in the year 2014 and 2019

and filed false affidavit on oath suppressing the factum of

holding assets in the form of immovable properties measuring 42

acres 14 guntas situated at Lakshmipura Village, Kasaba Hobli,

Devanahalli Taluk, Bangalore Rural District worth more than

Rs.33,60,00,000/-.

2.

The contention of the petitioner is that he has not

withheld any material information either in his affidavit or in

Form No.26. The properties purchased by him under various

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sale deeds were purchased by him for and on behalf of the firm

by name P.C. Realty. In this regard, he has entered into a

Partnership Deed dated 30.03.2013. It is registered in

accordance with the provisions of the Indian Partnership Act,

1932 (hereinafter referred to as “Act” for brevity). On

07.07.2014, he executed a “Confirmation and Reconstitution

Deed

to

the

Partnership

Agreement

dated

30.03.2013”

(hereinafter referred to as “Confirmation and Reconstitution

Deed” for short) and all the six items of immovable properties

purchased by him under registered sale deeds dated 27.12.2013

were brought into the Partnership Firm as the capital contributed

by him. The relevant recitals in this regard read as under:-

“(1)

It is expressly made clear that the

Schedule Property mentioned are registered in

the name of the first party is for and on behalf

of the Firm and as such the First Party

individually has no right over the Schedule

Property.

(2