Sri Srinivasa M, Vs State of Karnataka

SRI SANDEEP SINGH H, FATHER'S NAME NOT KNOWN, MAJOR IN AGE, REVENUE INSPECTOR JALA -3 HOBLI, BAGALUR CIRCLE, BAGALUR, YELAHANKA TALUK, BENGALURU 560 064.

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…RESPONDENTS (BY SRI. VINAY MAHADEVAIAH.,HCGP FOR R1 AND R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPLAINT DATED 27/12/2023 AND FIR REGISTERED BY THE R1 POLICE UNDER SECTION 192(A)(1) 192(A)(3), 192(A) OF KARNATAKA LAND REVENUE ACT AND UNDER SECTION 506, 120B, 420, 465, 415 AND 464 OF IPC, IN CRIME NO. 359/2023 DATED 28/12/2023 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, DEVANAHALLI, VIDE ANNEXURE A AND B AS PER PETITIONERS ARE CONCERNED AND ECT.

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THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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3 - NC: 2025:KHC:40304 WP No. 2584 of 2024

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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ORAL ORDER

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The writ petition is filed with the following prayers:

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"Wherefore, the Petitioners pray that this Hon'ble Court may be pleased to quash the complaint dated 27.12.2023 and FIR registered by the Respondent No.1 Police under Section 192(A)(1) 192(A)(3), 192(A) of Karnataka Land Revenue Act and under section 506, 120B, 420, 465, 415 and 464 of IPC, in Crime No.359/2023 dated 28.12.2023 pending on the file of Civil Judge and JMFC, Devanahalli, vide Annexure A and B as per Petitioners are concerned, in the interest of justice and equity."

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Crime No.359/2023 on the file of Civil Judge

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and JMFC, Devanahalli, came to be registered against the petitioners herein (accused Nos.1 and 4) and also against

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three other persons, on the ground that the Government records were fabricated to show that the land concerned was granted in favour of accused No.2.

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Registration of Crime No.359/2023 was challenged by accused Nos.2, 3 and 5 in

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NC: 2025:KHC:40304 WP No. 2584 of 2024

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HC-KAR

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W.P.No.1388/2024 (GM-RES). This Court has passed the

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following Order.

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"(i) The Criminal Petition is hereby allowed.

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(ii) The proceedings in Crime No.359/2023 registered by respondent No.1-Police for the offences punishable under Sections 192(A)(1), 192(A)(3), 192(A) of the Karnataka Land Revenue Act, 1964 and Sections 506, 120B, 420, 465, 415, 463 and 464 of the Indian Penal Code, 1860 and presently pending on the file of the Civil Judge and Judicial Magistrate First Class, Devanahalli, are hereby quashed insofar as they relate to the petitioners."

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It is contended by the petitioners that when the

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case pertains to fraudulent grant of land in favour of accused No.2 and the criminal case has been quashed against accused No.2 herself, the question of entertaining

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the same against the petitioners herein does not arise. It is further submitted that the petitioners herein stand on par with the other accused in W.P.No.1388/2024 (GMRES) and the proceedings against them also require to be quashed.

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5 - NC: 2025:KHC:40304 WP No. 2584 of 2024

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HC-KAR

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Learned High Court Government Pleader is not in a position to contravene the submission made by the

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petitioners.

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Admittedly, the case pertains to the creation of false documents pertaining to the grant of the land in favour of accused No.2 in Crime No.359/2023. The other accused are said to be only accomplices of accused No.2. As the proceedings in Crime No.359/2023 have already been quashed against accused No.2 and two other persons in W.P.No.1388/2024 (GM-RES), there is no reason why the observations made in W.P.No.1388/2024 (GM-RES) should not enure to the benefit of the petitioners herein.

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For the aforementioned reasons, the Writ Petition is hereby allowed and the proceedings in Crime No.359/2023 registered by respondent No.1-Police for the offences punishable under Sections 192(A)(1), 192(A)(3), 192(A) of the Karnataka Land Revenue Act, 1964 and under Sections 506, 120B, 420, 465, 415, 463 and 464 of the Indian Penal Code, 1860 and presently pending on the

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