Sri. R. Balaji v. State of Karnataka
Case brief
What is this about?
S.482 Cr.P.C. quashing of FIR Cr.No.311/2017 (Girinagar PS) arising from order of reference dated 22.09.2017 in PCR 7989/2017 (LVI ACMM Bengaluru) on complaint of T.N. Thimmarajachar; Vishwabarathi House Building Co-operative Society (accused No.1) Girinagar layout; rival allotment of Site No.986 vs supplementary-deed Site No.4077 (1500 sq.ft.) to C.R. Gopalakrishna on 30.11.2013; civil dispute given criminal colour; non-compliance with Priyanka Srivastava (2015) 6 SCC 287; mechanical reference judged per Om Prakash Ambadkar (Crl.A.No.352/2020); S.70 Karnataka Co-operative Societies Act remedy; Maksud Saiyed and Srinivas (Crl.P.101206/2024) referred; petitions by accused Nos.2-3, 4-14, 17, 19-23 allowed, reference order quashed; IPC Ss.120(B)/120-B, 384, 420, 423/424, 427, 447, 464, 477(A) r/w 34; J.M. Khazi J; 17-07-2025; NC: 2025:KHC:27151.
What did the court decide?
All four petitions (Crl.P.Nos.9841-9844/2017, by accused Nos.19-23, 4-14, 2-3 and the two persons arraigned as accused No.17 respectively) are allowed; the impugned order of reference dated 22.09.2017 in PCR.No.7989/2017 on the file of the LVI ACMM, Bengaluru (arising out of Cr.No.311/2017 of Girinagar PS) is quashed; the Registry is directed to send a copy of the order to the trial court through e-mail.