Dismissed

T v. Krishnappa v G N Gowda

Karnataka HC5 Jun 2012CRL.P/293/2012

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed the Criminal Petition under Section 482 CrPC. The petitioner challenged the order taken by the JMFC, Kolar, taking cognizance based on a private complaint alleging fabrication of documents and encroachment under various IPC sections. The court found no ground to interfere as the Magistrate had found a prima facie case and was satisfied regarding the offences.

What did the court decide?

The petition filed under Section 482 CrPC is dismissed.

T v Krishnappa Vs G N Gowda — Quashing and FIR | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 5TH DAY OF JUNE 2012

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BEFORE

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THE HON’BLE MR.JUSTICE SUBHASH B.ADI

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CRIMINAL PETITION NO.293/2012

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BETWEEN:

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T V KRISHNAPPA AGED ABOUT 60 YEARS, S/O LATE VENKATARAMANAPPA, R/AT JANNAGHATTA VILLAGE, SUGATUR HOBLI, KOLAR TALUK, KOLAR DISTRICT

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...PETITIONER

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(By Sri. : V VISWANATH, ADV.,)

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AND

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G N GOWDA AGED ABOUT 42 YEARS, S/O Y.GOPAL REDDY,

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G E KRISHNAPPA AGED ABOUT 60 YEARS, S/O ERAPPA, R/AT GOWDAHALLI VILLAGE,

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CHANDRAPPA AGED ABOUT 55 YEARS, S/O ERAPPA,

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NARAYANAPPA

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AGED ABOUT 50 YEARS, S/O ERAPPA, 5. SRINIVASA AGED ABOUT 45 YEARS, S/O ERAPPA,

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All ARE R/AT GOWDAHALLI VILLAGE, SUGATUR HOBLI, KOLAR TALUK KOLAR DISTRICT.

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... RESPONDENTS

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CRL.P. IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED:11.07.11 IN PCR NO.43/11 WHICH IS CONVERTED INTO C.C.NO.339/11 ON THE FILE OF I ADDL.CJ(JR.DN) AND JMFC, KOLAR.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Petitioner has filed this petition against the order passed by the I Addl. Civil Judge and JMFC., Kolar, dated 11.07.2011 taking cognizance in pursuance of a private

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complaint in PCR No.43/2011 for the offences punishable under Sections 463, 464, 468, 471, 420 read with Section 120-B of IPC.

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Respondent No.1 has filed a private complaint inter alia alleging that the petitioner and respondent Nos.2 to 5, have encroached the Government land and have created

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false documents in respect of the same.

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The sworn statement of the complainant was recorded. The Complainant, in support of his case, has also produced nine documents including the endorsements issued by the Taluka Executive Officer, and P.D.O., and other documents. The learned Magistrate having regard to the documents and the sworn statement, has found that the complainant has made out a prima facie case and has taken cognizance against the petitioner for the offences punishable

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under Sections 463, 464, 468, 471, 420 read with Section 120-B of IPC. Thereafter, registered the case and has ordered

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issuance of summons.

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Since the learned Magistrate on the basis of the enquiry, has satisfied himself that the allegations made in the complaint which do reveal the offences alleged against the petitioner, I find no ground to interfere with the proceedings at this stage.

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Accordingly, the petition is dismissed.

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Sd/JUDGE

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sma

T v. Krishnappa v G N Gowda

Case brief

What is this about?

What did the court decide?

T v. Krishnappa v G N Gowda

Case brief

What is this about?

What did the court decide?

What the court decided

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