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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE K.SOMASHEKAR

CRIMINAL PETITION NO. 970 OF 2016

BETWEEN

Mr. Mohammed Iqbal

S/o Mr. Abdul Sattar

Aged about 36 years

R/at C.B.S. Arab National bank

Head Office: P.B.No.56921

Riyad Office K.S.A.

Represented by his G.P.A. Holder

Mr. Syed Mujahid Pasha

S/o Late S.A. Hameed

Aged about 54 years

R/at #37/2, Excel Study Centre

4^th Floor, Above Old LIC Building

C.B.I., Road, Ganganagar

Bangalore – 560 025.

... Petitioner

(By Sri. Venkatesh .N, Advocate for

Sri. Nataraja .H.T. - Advocate)

AND

1.

State by Rural Police Station

Sidlaghatta

Chickballapur District-562105.

2.

Sri. Manjunath

S/o Gundappa

Aged about 40 years

Resident of Baluvanahalli Village

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Jangamkotte Hobli

Shidlaghatta Taluk

Chickballapur District – 562105.

... Respondents

(By Smt. Rashmi Jadhav, HCGP for R-1;

Sri. K.N. Shivareddy – Advocate for R-2)

This Criminal Petition is filed under Section 482 of

the Code of Criminal Procedure, praying to set aside the

impugned order dated 11.01.2016, in PCR. No.5/2016

passed by the file of the Civil Judge (Jr.Dvn.,) and JMFC,

at Sidlaghatta referring the complaint filed by the 2^nd

Respondent for investigation under Sec. 156(3) Cr.PC., to

the

SHO

Sidlaghatta

Rural

Police

Station

and

consequently

to

quash

all

further

proceedings

in

PCR.No.5/2016, pending on the file of the Civil Judge

(Jr.Dvn.,) and JMFC, at Sidlaghatta.

This Criminal Petition coming on for orders, this

day, the court made the following:

O R D E R

Learned counsel Shri N. Venkatesh appears for the

petitioner physically before court while Respondent No.1

is represented by the learned HCGP for the State.

Respondent No.2 is the complainant in PCR No.5/2016.

2. This petition is filed seeking to quash the case in

PCR No.5/2016 preferred by the complainant before the

Court of the Civil Judge (Jr.Dn) & JMFC, Sidlaghatta for

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offences punishable under Sections 417, 418, 420, 447,

448 read with Section 149 of the IPC.

3. Heard the learned counsel for the petitioner who

is present before court physically. Respondent No.1 is

represented by the learned HCGP for the State, who

represents Respondent No.2 as well who is the defacto

complainant who has initiated the private complaint

against the accused in PCR No.5/2016. Subsequent to

initiation of the private complaint against the accused

before the Jurisdictional Magistrate having domain,

accordingly, the private complaint was referred as

contemplated under Section 156(3) Cr.P.C. to Sidlaghatta

P.S. directing to investigate the matter. Consequence

upon referring the said private complaint, the I.O. has

taken up the case for investigation and laid a charge-sheet

against the accused in C.C.No.45/2018 arising in PCR

No.5/2016.

4. Subsequent to laying the charge-sheet by the I.O.,

the petitioner arraigned as an accused has filed an

application I.A.No.1/2019 under Section 482 of the

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Cr.P.C. seeking amendment by additional prayer in the

main petition relating to the charge-sheet laid by the

Sidlaghatta Rural P.S. in C.C.No.45/2018 relating to the

case in Cr.No.43/2016.

5. The complainant has initiated the private

complaint against the accused under Section 200 of the

Cr.P.C. and thorough investigation has been done and

charge-sheet has been laid against the accused for the

offences reflected in the substance of the charge-sheet.

Whereas in the private complaint, a contention is taken

that Accused Nos.4 to 10 had come near the properties

and started to obstruct the possession of the complainant

saying that they have purchased the properties and so

also the accused are land grabbers by creating fictitious

documents. The complainant has undergone mental

agony with that incident.