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NC: 2023:KHC-K:7844

CRL.P No. 200126 of 2023

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 3^RD DAY OF OCTOBER, 2023

BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T.

CRIMINAL PETITION NO.200126/2023

BETWEEN:

1. MOHAMMAD RAHIMODDIN

S/O. MOHAMMAD ESSA,

AGE: 55 YEARS,

R/O. RAHMAT NAGAR

KALABURAGI CITY-585103.

KARNATAKA.

2. ADNAN RAHIMODDIN

S/O. MOHAMMAD KHAJA RAHIMUDDIN

AGE: 25 YEARS,

R/O. RAHMAT NAGAR,

KALABURAGI CITY-585103.

KARNATAKA.

3. DR. MIRZA USMAN BEG

S/O. MIRZA ZAFAR BEG

AGE: 36 YEARS,

R/O. HUSEN GARDEN

KALABURAGI CITY-585103.

KARNATAKA.

…PETITIONERS

(BY SRI VISHAL PRATAP SINGH, ADVOCATE)

Digitally signed

by SHILPA R

TENIHALLI

Location: HIGH

COURT OF

KARNATAKA

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CRL.P No. 200126 of 2023

AND:

1. THE STATE OF KARNATAKA

THROUGH THE PSI

ASHOK NAGAR POLICE STATION

KALABURAGI

KARNATAKA

REPRESENTED BY ADDL.SPP,

HIGH COURT OF KARNATAKA.

2. SRI SHEKH SABBIR AHMED

S/O. SHEKH IMAM SAB,

R/O. MOHAMMADI MAZZID,

2^ND CROSS JILANABAD, MSK MILL,

KALABURAGI CITY-585103

KARNATAKA.

…RESPONDENTS

(BY SMT. ANITA M. REDDY, HCGP FOR R1;

SRI ANAVEER SWADI, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 OF CR.P.C., PRAYING TO QUASH THE FIR DATED

25.12.2022

BEARING

NO.163/2022

REGISTERED

BY

ASHOK NAGAR POLICE STATION, KALABURAGI, FOR THE

OFFENCES UNDER SECTIONS 447, 406 AND 420 OF IPC,

PENDING BEFORE V^TH ADDL. CIVIL JUDGE AND JMFC,

KALABURAGI.

THIS PETITION, COMING ON FOR ADMISSION, THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard learned counsel for petitioners, learned High

Court Government Pleader for respondent No.1 - State

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CRL.P No. 200126 of 2023

and Sri Anveer Swadhi, learned counsel for respondent

No.2 - complainant.

2.

This petition is filed by accused persons under

Section 482 of the Code of Criminal Procedure, 1973 (for

short 'Cr.P.C.') seeking to quash the FIR in Crime

No.163/2022 of Ashok Nagar Police Station, Kalaburagi,

registered against them for the offences punishable under

Sections 447, 406 and 420 of IPC, on the file of V

Additional Civil Judge (Jr.Dn.) and JMFC, Kalaburagi.

3.

The brief facts of the prosecution case are as

under:

Respondent No.2/ de facto - complainant filed a

complaint alleging that he is residing at Madarasanahalli

(Behind Hirapur), Kalaburagi, in a plot formed by

petitioner No.1 in the year 1991-92 in Survey No.16/4

measuring 9 acres 33 guntas, wherein, petitioner No.1

formed 171 plots. It is contended that even after sale of

said plots the name of petitioner No.1 is still found place in

the RTC, thus taking advantage of this, on 24.06.2022 he

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CRL.P No. 200126 of 2023

executed GPA in favour of his son petitioner No.2 (accused

No.2) and went to abroad. By virtue of GPA, petitioner

No.2 entered joint development agreement with petitioner

No.3 on 27.07.2023 and on 26.08.2022 petitioner No.3

demolished the houses constructed in Survey No.16/4 by

using

bulldozers;

petitioner

No.2

also

filed

O.S.

No.273/2022 before the Civil Judge and JMFC Kalaburagi

for grant of injunction and the said matter is pending for

consideration. In this regard the complainant sought to

take criminal action against the petitioners for illegal

trespass, criminal breach of trust and cheating etc. Taking

exception of the same accused Nos.1 to 3 have filed this

petition praying to quash FIR in Crime No.163/2023.

4.

The

learned

counsel

for

the

petitioners

submitted that, petitioner No.1 never formed plots in the

land bearing Survey No.16/4 and he never sold the plots

to any purchasers; petitioner Nos.1 and 2 are the absolute

owner of the land in question, but the police have

registered a case against these petitioners without

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CRL.P No. 200126 of 2023

considering factual aspects and without holdi