Allowed

Sri. M Goutham Chand v. State of Karnataka by

Karnataka HC31 Oct 2023CRL.P/6719/2022

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings against petitioners accused of cheating, etc., in a land dispute. It found no material to show the petitioners connived with the co-accused in conveying plots, as they were neither parties nor signatories to the sale deeds. Continuation of proceedings was held an abuse of process.

What did the court decide?

The impugned proceedings in all 29 cases pending before the II Additional Civil Judge and J.M.F.C, Magadi, insofar as they relate to the petitioners, are quashed.

Sri. M Goutham Chand Vs State of Karnataka by — Quashing and FIR | Karnataka HC (2023)

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 31^ST DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 6719 OF 2022 C/W CRIMINAL PETITION NOS. 6445 OF 2022, 6446 OF 2022, 6448 OF 2022, 6506 OF 2022, 6517 OF 2022, 6559 OF 2022, 6567 OF 2022, 6570 OF 2022, 6597 OF 2022, 6601 OF 2022, 6728 OF 2022, 6738 OF 2022, 6929 OF 2022, 7757 OF 2022, 7775 OF 2022, 7776 OF 2022, 7778 OF 2022, 7823 OF 2022, 7833 OF 2022, 7836 OF 2022, 7838 OF 2022, 7981 OF 2022, 7985 OF 2022, 8005 OF 2022, 8275 OF 2022, 8359 OF 2022, 8416 OF 2022, 8417 OF 2022

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IN CRIMINAL PETITION NO. 6719 OF 2022:

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BETWEEN:

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SRI. M GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

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BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

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…PETITIONERS

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(BY SRI. RAMESH K.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

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HARICHARAN K R S/O K R RAMAMURTHY AGED ABOUT 44 YEARS R/O NO.33, SRI HARI NILAYA PIPE LINE MAIN ROAD, (DT ROAD) MALLESHWARAM BENGALURU-560003.

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…RESPONDENTS

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(BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE - SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2761/2021 (CRIME NO.125/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-J, PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND J.M.F.C., MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W 34 OF IPC AS AGAINST THE PETITIONERS.

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IN CRIMINAL PETITION NO. 6445 OF 2022:

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BETWEEN:

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SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

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MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

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BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

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…PETITIONERS

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(BY SRI. RAMESH K.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560001.

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SMT. SWETHA H P D/O H.S. PREMANATH AGED ABOUT 26 YEARS R/O NO.BA-62, PWD QUARTERS KHB MAIN ROAD, KAVAL BYRASANDRA R.T. NAGAR POST BENGALURU-560032 …RESPONDENTS (BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. HEMANTH S., ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2774/2021 (CRIME NO.144/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-J, PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W 34 OF IPC AS AGAINST THE PETITIONERS.

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IN CRIMINAL PETITION NO. 6446 OF 2022:

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BETWEEN:

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SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

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MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

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BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

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…PETITIONERS

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(BY SRI. RAMESH K.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560001.

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SRI HARI D S/O DAKSHINAMURTHY AGED ABOUT 47 YEARS R/O NO.1/1, BVK IYENGAR ROAD SHETTY KRISHNAPPA GALLI BENGALURU-560053.

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…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2753/2021 (CRIME NO.108/2021) AT ANNEXURE-J, PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W 34 OF IPC AS AGAINST THE PETITIONERS.

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IN CRIMINAL PETITION NO. 6448 OF 2022:

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BETWEEN:

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SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

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MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

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BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

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…PETITIONERS

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(BY SRI. RAMESH K.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU - 560001.

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SMT. PUTTAMMA W/O NAGARAJAIAH AGED ABOUT 60 YEARS R/O NO.53, 13TH CROSS 3RD MAIN, JAVAREGOWDANAGAR RAJARAJESHWARINAGAR BENGALURU - 560098.

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…RESPONDENTS

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(BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2734/2021 (CRIME NO.99/2021 OF TAVAREKERE POLICE STATION AT ANNEXURE-J, PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W 34 OF IPC AS AGAINST THE PETITIONERS.

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IN CRIMINAL PETITION NO. 6506 OF 2022:

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BETWEEN:

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SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

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MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

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BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

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…PETITIONERS

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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(BY SRI. RAMESH K.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560001.

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SRI SRINIVAS N S/O NANJAPPA T AGED ABOUT 52 YEARS R/O NO.31, 1ST CROSS NEAR BUDDA HOMEOPATHY COLLEGE MALLATHAHALLI, BENGALURU-560056.

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…RESPONDENTS

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(BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2776/2021 (CRIME NO.155/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-J, PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND J.M.F.C., MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 AND R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

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IN CRIMINAL PETITION NO. 6517 OF 2022:

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BETWEEN:

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SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

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MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

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…PETITIONERS

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(BY SRI. RAMESH K.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560001.

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SRI NAVEEN KUMAR B C S/O RENUKARADYA AGED ABOUT 33 YEARS R/O NO.2, 1ST MAIN ROAD 1ST CROSS, BEHIND S.V. ENGLIGH SCHOOL HEROHALLI CROSS, VISHVANIDUM BENGALURU-560091.

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…RESPONDENTS

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(BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2770/2021 (CRIME NO.151/2021 OF TAVAREKERE POLICE STATION, AT ANNEXURE-J, PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

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IN CRIMINAL PETITION NO. 6559 OF 2022:

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BETWEEN:

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SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

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BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

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…PETITIONERS

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(BY SRI. RAMESH K.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU560001.

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SMT. H.S. UMADEVI W/O C. SHANKARAPPA AGED ABOUT 42 YEARS R/O HOSAKERE VILLAGE AMRUTHURU HOBLI, KUNIGAL TALUK, TUMKURU DISTRICT-572130.

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…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; R-2 SERVED-UNREPRESENTED)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2768/2021 (CRIME NO.153/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE J, PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC MAGADI FOR THE OFFENCES P/U/S. 323, 420, 504, 506 R/W SECTION 34 OF IPC AS AGAINST THE PETITIONER.

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IN CRIMINAL PETITION NO. 6567 OF 2022:

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BETWEEN:

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SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

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BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

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…PETITIONERS

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(BY SRI. RAMESH K.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU560001.

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SMT. KAVITHA S W/O MR. SURESH N AGED ABOUT 43 YEARS R/O 14, 12TH A MAIN ROAD SHIVANAGAR, RAJAJINAGAR BENGALURU-560010.

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…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2733/2021 (CRIME NO.95/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-J PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W 34 OF IPC AS AGAINST THE PETITIONERS.

¶122

IN CRIMINAL PETITION NO. 6570 OF 2022:

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BETWEEN:

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SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

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BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

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…PETITIONERS

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(BY SRI. RAMESH K.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU560001.

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SMT. MAHESH KUMAR R S/O RENUKARADYA AGED ABOUT 34 YEARS R/O NO.2, 1ST MAIN, 1ST CROSS BEHIND S.V. ENGLISH SCHOOL HEROHALLI CROSS, VISHWANEEDAM BENGALURU-560091.

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…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2773/2021 (CRIME NO.145/2021 OF TAVAREKERE POLICE SATION) AT ANNEXURE-J, PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

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IN CRIMINAL PETITION NO. 6597 OF 2022:

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BETWEEN:

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SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

¶140

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

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…PETITIONERS

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(BY SRI. RAMESH K.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560001.

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SRI K.B. SIDDALINGESH S/O K.M. BASAVARAJU AGED ABOUT 53 YEARS R/O NO.84 13TH MAIN 5TH CROSS, PRASANNA LAYOUT MAHADESHWARANAGAR MAGADI MAIN ROAD BENGALURU-560091.

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…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2769/2021 (CRIME NO.152/2021OF TAVAREKERE POLICE

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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STATION) AT ANNEXURE-J, PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

¶151

IN CRIMINAL PETITION NO. 6601 OF 2022:

¶152

BETWEEN:

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SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

¶154

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

¶155

…PETITIONERS

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(BY SRI. RAMESH K.R., ADVOCATE)

¶157

AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560001.

¶159

SRI PRAVEEN B C S/O CHIAKKAMOTAIAH AGED ABOUT 35 YEARS R/O BOMMANAHALLI HOSAHALLI DODDAMAVATUR POST HULIURDURGA HOBLI KUNIGAL TALUK, TUMKURU DISTRICT.

¶160

…RESPONDENTS

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(BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶163

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2756/2021 (CRIME NO.101/2021 OF TAVAREKERE POLICE STATION) AT ANNEXUERE-J PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

¶165

IN CRIMINAL PETITION NO. 6728 OF 2022:

¶166

BETWEEN:

¶167

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

¶168

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶169

BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

¶170

…PETITIONERS

¶171

(BY SRI. RAMESH K.R., ADVOCATE)

¶172

AND:

¶173

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560001.

¶174

SRI SHANKAR KAMMAR R S/O ASHOK KUMMAR AGED ABOUT 47 YEARS R/AT NO.15, 10TH CROSS 10TH MAIN, JNANAJYOTHINAGAR ULLALA, BENGALURU-560056.

¶175

…RESPONDENTS

¶176

(BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶177

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE - SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2777/2021 (CRIME NO.154/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-J, PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND J.M.F.C., MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W 34 OF IPC AS AGAINST THE PETITIONERS.

¶180

IN CRIMINAL PETITION NO. 6738 OF 2022:

¶181

BETWEEN:

¶182

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

¶183

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶184

BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

¶185

…PETITIONERS

¶186

(BY SRI. RAMESH K.R., ADVOCATE)

¶187

AND:

¶188

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560001.

¶189

SRI MANJUNATH A P S/O K.R. PUREGOWDA, AGED ABOUT 37 YEARS, R/O NO.356, JNANABHARATHI 2ND STAGE, MARIYAPPANAPALYA, BENGALURU-560056.

¶190

…RESPONDENTS

¶191

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¶192

(BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; R-2 SERVED - UNREPRESENTED)

¶193

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE - SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2764/2021 (CRIME NO.147/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-J, PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND J.M.F.C., MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

¶194

IN CRIMINAL PETITION NO. 6929 OF 2022:

¶195

BETWEEN:

¶196

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

¶197

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶198

BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

¶199

…PETITIONERS

¶200

(BY SRI. RAMESH K.R., ADVOCATE)

¶201

AND:

¶202

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560001.

¶203

SRI NARAYANASWAMY S/O MUNIYAPPA AGED ABOUT 56 YEARS R/O NO.31, 3RD CROSS SHANKARAPPA GARDEN

¶204

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¶205

16 -

¶206

MAGADI MAIN ROAD BENGALURU-560023.

¶207

SMT. N. MANJULA W/O SANTHYA NARAYAN AGED ABOUT 33 YEARS R/O NO.31, 3RD CROSS SHANKARAPPA GARDEN MAGADI MAIN ROAD BENGALURU-560023.

¶208

…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; R-3 SERVED - UNREPRESENTED)

¶209

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2726/2021 (CRIME NO.93/2021) AT ANNEXURE-J, PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFNECES P/U/S 420, 323, 504, 506 AND SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

¶210

IN CRIMINAL PETITION NO. 7757 OF 2022:

¶211

BETWEEN:

¶212

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

¶213

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶214

BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

¶215

…PETITIONERS

¶216

(BY SRI. RAMESH K.R., ADVOCATE)

¶217

AND:

¶218

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT

¶219

17 -

¶220

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¶221

BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560001.

¶222

SRI RAVINDRA KUMAR MISHRA S/O VIJAY KUMAR MISHRA, AGED ABOUT 34 YEARS, R/O NO.59, SIDDALIGESHWARA NILAYA 3RD CROSS, AYR LAYOUT, SHETTIHALLI BENGALURU-560015.

¶223

…RESPONDENTS

¶224

(BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶225

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2754/2021 (CRIME NO.109/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-A, PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, MAGADI FOR THE OFFENCES P/U/S. 323, 420, 504, 506 & R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

¶226

IN CRIMINAL PETITION NO. 7775 OF 2022:

¶227

BETWEEN:

¶228

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

¶229

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶230

BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

¶231

…PETITIONERS

¶232

(BY SRI. RAMESH K.R., ADVOCATE)

¶233

AND:

¶234

STATE OF KARNATAKA BY TAVARAKERE POLICE

¶235

18 -

¶236

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¶237

MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560001.

¶238

SRI. SHANKARI W/O V. SRINIVASAN AGED ABOUT 43 YEARS R/O NO.32/2, G STREET JAYA JEEVAN RAM NAGAR GOWRIPALYA RAYAPURAM MAIN ROAD, CHAMARAJPET BENGALURU-560018.

¶239

…RESPONDENTS

¶240

(BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶241

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2767/2021 (CRIME NO.141/2021) OF TAVAREKERE POLICE STATION, AT ANNEXURE-A, PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCE P/U/S 323, 420, 504, 506 R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

¶242

IN CRIMINAL PETITION NO. 7776 OF 2022:

¶243

BETWEEN:

¶244

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

¶245

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶246

BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

¶247

…PETITIONERS

¶248

(BY SRI. RAMESH K.R., ADVOCATE)

¶249

NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶250

19 -

¶251

AND:

¶252

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

¶253

SMT. RAJESHWARI G W/O DEVARAJU T AGED ABOUT 45 YEARS R/O NO.260/1, 4TH CROSS NEAR SVS SCHOOL KEMPEGOWDA LAYOUT BENGALURU-560056.

¶254

…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. HEMANTH S., ADVOCATE FOR R-2)

¶255

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE-SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2738/2021 (CRIME NO.417/2020) OF TAVAREKERE POLICE STATION, AT ANNEXURE-A, PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W 34 OF IPC AS AGAINST THE PETITIONERS.

¶256

IN CRIMINAL PETITION NO. 7778 OF 2022:

¶257

BETWEEN:

¶258

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

¶259

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶260

BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

¶261

…PETITIONERS

¶262

20 - NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶263

(BY SRI. RAMESH K.R., ADVOCATE)

¶264

AND:

¶265

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

¶266

SRI SURESH N S/O NARAYANASWAMY AGED ABOUT 50 YEARS R/O NO.512/14, 75TH 'E' CROSS 10TH MAIN ROAD RAJAJINAGAR, 6TH BLOCK BENGALURU-560010.

¶267

…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶268

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE-SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2732/2021 (CRIME NO.94/2021) OF TAVAREKERE POLICE STATION, AT ANNEXURE-A, PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 420, 504, 506 AND R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

¶269

IN CRIMINAL PETITION NO. 7823 OF 2022:

¶270

BETWEEN:

¶271

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

¶272

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶273

BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS

¶274

NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶275

21 -

¶276

SHIVAJINAGAR, BENGALURU-560051.

¶277

…PETITIONERS

¶278

(BY SRI. RAMESH K.R., ADVOCATE)

¶279

AND:

¶280

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

¶281

SRI LAKSHMINARAYANA G C S/O GOPALA KRISHNA C G AGED ABOUT 42 YEARS R/O NO.167, SAPTHAGIRI NILAYA BYREGOWDA LAYOUT, MUDDINAPALYA BENGALURU-560091.

¶282

…RESPONDENTS

¶283

(BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶284

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE-SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2763/2021 (CRIME NO.124/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-A, PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 AND R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

¶285

IN CRIMINAL PETITION NO. 7833 OF 2022:

¶286

BETWEEN:

¶287

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS

¶288

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶289

22 -

¶290

NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶291

BOTH ARE R/O NO.41 SHIVAJI ROAD, 1ST CROSS SHIVAJINAGAR, BENGALURU-560051.

¶292

…PETITIONERS

¶293

(BY SRI. RAMESH K.R., ADVOCATE)

¶294

AND:

¶295

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

¶296

SMT. CHANRAKANTHA R W/O GUNAMURTHY V AGED ABOUT 54 YEARS R/O NO.134, HURIYOPETE MAIN ROAD B V K IYENGAR ROAD LAKSHMAN RAO ROAD BENGALURU-560053.

¶297

…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶298

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2758/2021 (CRIME NO.107/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-A PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC MAGADI FOR THE OFFENCES P/U/S. 323, 420, 504, 506 AND R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

¶299

IN CRIMINAL PETITION NO. 7836 OF 2022:

¶300

BETWEEN:

¶301

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS.

¶302

23 -

¶303

NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶304

MRS G LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶305

BOTH ARE R/O NO 41 SHIVAJI ROAD 1ST CROSS, SHIVAJINAGAR BENGALURU-560051.

¶306

…PETITIONERS

¶307

(BY SRI. RAMESH K.R., ADVOCATE)

¶308

AND:

¶309

STATE OF KARNATAKA BY TAVARAKERE POLICE, MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

¶310

SRI MAYANNA S/O LATE CHIKKALINGAIAH AGED ABOUT 63 YEARS R/O NO.2, 7TH CROSS, 1ST MAIN MAHADESHWARA NAGAR, HEROHALLI BENGALURU-560 091.

¶311

…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A., HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶312

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2725/2021 (CRIME NO.98/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-A PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 AND R/W 34 OF IPC AS AGAINST THE PETITIONERS AND ETC.

¶313

IN CRIMINAL PETITION NO. 7838 OF 2022:

¶314

BETWEEN:

¶315

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS.

¶316

24 -

¶317

NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶318

MRS G LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶319

BOTH ARE R/O NO.41, SHIVAJI ROAD 1ST CROSS, SHIVAJINAGAR BENGALURU-560 051.

¶320

…PETITIONERS

¶321

(BY SRI. RAMESH K.R., ADVOCATE)

¶322

AND:

¶323

STATE OF KARNATAKA BY TAVARAKERE POLICE, MAGADI SUB DIVISION RAMANAGARA DISTRICT, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDINGS, BENGALURU-560 001.

¶324

SMT. SAVITHA G W/O VISHWANATH K AGED ABOUT 44 YEARS, R/O NO.198, 3RD CROSS, T G LAYOUT, ITTAMADU, BENGALURU-560 085.

¶325

…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A, HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶326

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2775/2021 (CRIME NO.142/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-A PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 AND R/W 34 OF IPC AS AGAINST THE PETITIONERS AND ETC.

¶327

IN CRIMINAL PETITION NO. 7981 OF 2022:

¶328

BETWEEN:

¶329

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS.

¶330

NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶331

25 -

¶332

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶333

BOTH ARE R/O NO.41, SHIVAJI ROAD 1ST CROSS, SHIVAJINAGAR BENGALURU-560 051.

¶334

…PETITIONERS

¶335

(BY SRI. RAMESH K.R., ADVOCATE)

¶336

AND:

¶337

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

¶338

SRI RAGHAVA C G S/O GOPALA KRISHNA C N AGED ABOUT 44 YEARS R/A NO.167, SAPTHAGIRI NILAYA BYREGOWDA LAYOUT, MUDDINAPALYA BENGALURU-560091.

¶339

…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A, HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶340

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2765/2021 (CRIME NO.126/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-A PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 AND R/W 34 OF IPC AS AGAINST THE PETITIONERS.

¶341

IN CRIMINAL PETITION NO. 7985 OF 2022:

¶342

BETWEEN:

¶343

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS.

¶344

NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶345

26 -

¶346

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶347

BOTH ARE R/O NO.41, SHIVAJI ROAD 1ST CROSS, SHIVAJINAGAR BENGALURU-560 051.

¶348

…PETITIONERS

¶349

(BY SRI. RAMESH K.R., ADVOCATE)

¶350

AND:

¶351

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

¶352

SMT. RUDRAMMA W/O RANGASWAMAIAH AGED ABOUT 36 YEARS R/O NO.3, DODDAMAVTHUR POST SIDDAIAHYANA KERE PALYA HULIYURDURGA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572130.

¶353

…RESPONDENTS

¶354

(BY SRI. VENKATSATYANARAYAN A, HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶355

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE-SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2766/2021 (CRIME NO.142/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-A PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

¶356

27 - NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶357

IN CRIMINAL PETITION NO. 8005 OF 2022:

¶358

BETWEEN:

¶359

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS.

¶360

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶361

BOTH ARE R/O NO.41, SHIVAJI ROAD 1ST CROSS, SHIVAJINAGAR BENGALURU-560 051.

¶362

…PETITIONERS

¶363

(BY SRI. RAMESH K.R., ADVOCATE)

¶364

AND:

¶365

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

¶366

SRI. SIDLAL MURMU S/O LALMOHAN MURMU AGED ABOUT 40 YEARS R/O NO.L/2, EAST KING TOWNSHIP MALLAPUR VIRJE, KAIGA KARAWARA, UTTARAKANNADA

¶367

…RESPONDENTS

¶368

(BY SRI. VENKATSATYANARAYAN A, HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶369

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2760/2021 (CRIME NO.122/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-A, PENDING ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W 34 OF IPC AS AGAINST THE PETITIONERS.

¶370

NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶371

28 -

¶372

IN CRIMINAL PETITION NO. 8275 OF 2022:

¶373

BETWEEN:

¶374

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS.

¶375

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶376

BOTH ARE R/O NO.41, SHIVAJI ROAD 1ST CROSS, SHIVAJINAGAR BENGALURU-560 051.

¶377

…PETITIONERS

¶378

(BY SRI. RAMESH K.R., ADVOCATE)

¶379

AND:

¶380

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

¶381

SRI KHANDAN N S/O NATARAJAN SAGED ABOUT 50 YEARS, R/O NO.5, C STREET, NEAR MUTHYALAMMA TEMPLE BENGALURU-560001.

¶382

…RESPONDENTS

¶383

(BY SRI. VENKATSATYANARAYAN A, HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶384

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE-SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2752/2021 (CRIME NO.123/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-A, PENDING ON THE FILE OF THE II

¶385

29 - NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶386

ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 R/W 34 OF IPC AS AGAINST THE PETITIONERS.

¶387

IN CRIMINAL PETITION NO. 8359 OF 2022:

¶388

BETWEEN:

¶389

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS.

¶390

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶391

BOTH ARE R/O NO.41, SHIVAJI ROAD 1ST CROSS, SHIVAJINAGAR BENGALURU-560 051.

¶392

…PETITIONERS

¶393

(BY SRI. RAMESH K.R., ADVOCATE)

¶394

AND:

¶395

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU560 001.

¶396

SRI. GOPINATH K S/O KRISHNA AGED ABOUT 26 YEARS R/O NO.2, 2ND FLOOR, 2ND CROSS, SUBBANNA GARDEN VIJAYANAGAR BENGALURU-560 040.

¶397

…RESPONDENTS (BY SRI. VENKATSATYANARAYAN A, HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶398

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2719/2021 (CRIME NO.92/2021 OF TAVAREKERE POLICE

¶399

30 - NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶400

STATION) AT ANNEXURE-A, PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 AND R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

¶401

IN CRIMINAL PETITION NO. 8416 OF 2022:

¶402

BETWEEN:

¶403

SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS.

¶404

MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

¶405

BOTH ARE R/O NO.41, SHIVAJI ROAD 1ST CROSS, SHIVAJINAGAR BENGALURU-560 051.

¶406

…PETITIONERS

¶407

(BY SRI. RAMESH K.R., ADVOCATE)

¶408

AND:

¶409

STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

¶410

SRI SANTHOSH KUMAR K S/O KRISHAN AGED ABOUT 25 YEARS R/O NO.2, 2ND FLOOR, 2ND CROSS, SUBBANNA GARDEN VIJAYANAGARA BANGALORE-560 040.

¶411

…RESPONDENTS

¶412

(BY SRI. VENKATSATYANARAYAN A, HCGP FOR R-1; SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

¶413

31 - NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

¶414

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2771/2021 (CRIME NO.150/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-A PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 AND R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

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IN CRIMINAL PETITION NO. 8417 OF 2022:

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BETWEEN:

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SRI. M. GOUTHAM CHAND S/O LATE MOTILAL AGED ABOUT 61 YEARS.

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MRS. G. LALITHA JAIN W/O GOWTHAM CHAND AGED ABOUT 56 YEARS

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BOTH ARE R/O NO.41, SHIVAJI ROAD 1ST CROSS, SHIVAJINAGAR BENGALURU-560 051.

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…PETITIONERS

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(BY SRI. RAMESH K.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY TAVARAKERE POLICE MAGADI SUB-DIVISION RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BENGALURU-560 001.

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SRI VEERESH BABU V C S/O LATE VALI CHANNABASAPPA AGED ABOUT 51 YEARS R/O NO.1838/1, 3RD MAIN 2ND B CROSS, VINOBHANAGARA DAVANAGERE-577001.

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…RESPONDENTS

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(BY SRI. VENKATSATYANARAYAN A, HCGP FOR R-1;

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.2757/2021 (CRIME NO.106/2021 OF TAVAREKERE POLICE STATION) AT ANNEXURE-A PENDING ON THE FILE OF THE II ADDL.CIVIL JUDGE AND J.M.F.C, MAGADI FOR THE OFFENCES P/U/S 323, 420, 504, 506 AND R/W SECTION 34 OF IPC AS AGAINST THE PETITIONERS.

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THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners who are common in all these petitions are sought to be prosecuted for the offences punishable under Sections 323, 420, 506 504 r/w Section 34 of IPC.

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The Defacto complainant in all these petitions lodged the FIRs alleging that, accused No.1 though not the owner of the property bearing Sy.No.28 measuring 5 acres 14 guntas plus (3 guntas of Kharab) situated at Varthur, Narsipura Village Tavarekere Bangalore South Taluk, Bangalore, executed power of attorney in favour of accused No.4 Ravikumar for dealing with the property to an extent of 20 guntas in Sy.No.28. Accused No.4 in turn executed registered agreement of sale in favour of accused No.5 who purportedly formed a residential layout in the said extent of 20 guntas and conveyed 48 sites measuring 30 feet X 40 feet to the de factocomplainants and others.

¶435

Though the sale deeds had been executed in favour of the defacto-complainants, the accused No.1 and 2 came to

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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the sites and objected to the enjoyment of the sites by the defacto complainants. Thereafter, accused No.1 to 4 colluding with each other hatched a plan to grab sites belonging to the defacto complainant by trespassing into the sites and when questioned, accused Nos.1 and 2 are said to have stated that the 20 guntas of land belongs to them. The police after conducting an investigation submitted the charges sheets.

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The summary of the charge sheets is that, Accused No.1 purchased the land measuring 5 acres 14 guntas + 3 guntas Kharab land through a registered sale deed dated 31.03.2016 from M/s DLF housing Company, and thereafter the petitioner executed a power of attorney in favour of accused No.4 on 16.02.2017 for an extent of 20 guntas, and in turn accused No.4 as a GPA holder executed an agreement of sale in favour of accused No.5 conveying 20 guntas of land in Sy.No.28. Thereafter the accused No.4 and 5 have executed registered sale deeds in favour of the defacto complainant and others conveying 48 sites measuring 30 X 40 for valuable sale consideration.

¶440

The accused No.1 after executing the power of attorney has conveyed the entire extent of land including the 20 guntas of land in favour of accused No.2 by executing registered gift deed dated 30.03.2017

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Accused Nos.1 to 5 in collusion with each other and with a common intention of cheating the defacto complainant after receiving the sale consideration are claiming that the 20 guntas of land belong to Accused Nos.1 & 2.

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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The cognizance taken of the aforesaid offences is impugned in these petitions.

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Learned counsel for the petitioner would make the following submissions:

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Firstly, the perusal of the signature of the accused No.1 on the absolute sale deed dated 31.03.2016 and the GPA would clearly establish that the accused No.4 by forging the signature of accused No.1 has created GPA and thereafter conveyed the 20 guntas of land in favour of accused No.5.

¶447

Secondly, the sites are allegedly conveyed by accused Nos. 4 and 5 as GPA holder and agreement holder, and accused No.1 and 2 are neither parties nor signatories to the sale deeds executed in favour of the defacto complainants, and in the absence of any privity of contract, the petitioners cannot be prosecuted for the offences alleged against them.

¶448

Learned counsel for the respondent No.2-defactocomplainants would submit that the accused No.1 having conveyed the plots to the de facto-complainants through registered sale deeds executed in their favour by the GPA Holder with an intention to defraud the de facto-complainants has gifted the with entire extent of land including 20 guntas of land in favour of the accused No.2. Consequently, the accused No.4 and 5 as GPA holder and the agreement holder have cheated the de facto complainants either by not handing over the possession of the plots formed in 20 guntas of land or with an intention to cheat have conveyed the plots to 3^rd parties. Accused No.1 who is the principal is liable for all the illegal acts

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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of the agent namely accused No.4, and the accused No.1 cannot be absolved of criminal liability.

¶452

Learned HCGP for the respondent-State would submit that the charge sheet material clearly discloses the commission of the cognizable offences alleged against the petitioners herein and the veracity of the allegations can be considered at the time of the trial and the same cannot be gone into.

¶453

Considered the submissions of the learned counsel for the parties.

¶454

An extent of 5 acres 14 guntas of land in Sy.No.28 was purchased by the petitioner-accused No.1 under the registered sale deed dated 31.03.2016 executed by M/s DFL housing Company represented by its partners. The case of the prosecution is that, the petitioner-accused No.1 has executed a power of attorney dated 16.2.2017 in favour of the accused No.4 to deal with 20 guntas of land in Sy.No.28 and the clause contained in the power of attorney discloses that the accused No.1 was entrusted with the responsibility to sell the portion of the land/ lease/mortgage the schedule property or in part and for on behalf of accused No.1 and to execute appropriate registered sale deeds and to receive sale consideration there upon.

¶455

In terms of the power of attorney granted, accused No.4 entered into an agreement of sale dated 28.3.2017 in favour of accused No.5. Perusal of the agreement of sale discloses that the 20 guntas of land was said have been

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36 - NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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conveyed to accused No.5 subject to certain terms and conditions for a sum of Rs.40 Lakhs out of which a sum of Rs.5 Lakh was received by accused No.4, and the balance sale consideration was to be paid at the time of registration of the sale deeds in favour of accused N0.5.

¶458

In terms of the registered GPA and registered sale agreement dated 20.8.2017, accused No.4 as power of attorney of accused No.1 and accused No.5 as 2^nd party developer executed registered sale deeds in favour of the defacto complainants conveying plots measuring 30 X 40.

¶459

The case of the prosecution is that, the accused after having formed plots in 20 guntas of land have executed multiple sale deeds in respect of each of the plots to make wrongful gain at the expense of the de facto complainants.

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Whether the GPA was created by accused No.4 cannot be gone into in these petitions, and the same can be adjudicated by the Civil Court in the pending suits filed by accused No.1 against the accused Nos. 4 and 5 for declaration and permanent injunction wherein it is alleged that the accused No.4 by forging the signature of accused No.1 had created power of attorney and thereafter, the said accused along with accused No.5 have fraudulently conveyed the plots to the de facto complainants.

¶461

The accused No.4 under the alleged GPA was authorized to deal with 20 guntas of land, however it is alleged that the accused No.4 and 5 have executed multiple sale deeds in respect of each plot. In the absence of any material that the

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NC: 2023:KHC:38996 CRL.P No. 6719 of 2022 and connected matters

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petitioners connived with the accused No.4 and 5 to cheat the defacto complainant, the petitioners cannot be held responsible for any act of Accused No.4 if he has exceeded the authority give, since they are neither the parties nor the signatories to the sale deeds.

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The essential elements to constitute the commission of the offences alleged against the petitioners are conspicuously absent. Therefore, the continuation of the criminal proceedings will be an abuse of process of law. Accordingly, I pass the following:-

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ORDER

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i. The petitions are allowed.

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ii. The impugned proceedings in C.C.Nos.2761/2021, 2774/2021, 2753/2021, 2734/2021, 2776/2021, 2770/2021, 2768/2021, 2733/2021, 2773/2021, 2769/2021, 2756/2021, 2777/2021, 2764/2021, 2726/2021, 2754/2021, 2767/2021, 2738/2021, 2732/2021, 2763/2021, 2758/2021, 2725/2021, 2775/2021, 2765/2021, 2766/2021, 2760/2021, 2752/2021, 2719/2021, 2771/2021, 2757/2021, pending on the file of II Addl.Civil Judge and J.M.F.C, Magadi, insofar it relates to petitioners herein, are hereby quashed.

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It is made clear, this court has not adjudicated the validity of the alleged power of attorney executed by accused No.1 in favour of accused No.4, and the Trial Court in pending suit filed by the accused No.1 is at liberty to adjudicate the same without being influenced by any observations made in

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this order, and the observation made, if any, is only for the purpose of the present petitions.

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All contentions are kept open.

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Sd/JUDGE

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Sri. M Goutham Chand v. State of Karnataka by

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