Karnataka High Court
Smt Malini Sadanand vs State Of Karnataka on 6 January, 2021
Author: H.P.Sandesh
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.4244 OF 2020
BETWEEN:
1. Smt. Malini Sadanand
W/o Sadanand
Aged about 66 years
2. Sri Sadanand
S/o P H Nagappa
Aged about 76 years
Both are Residing at :
No.Sy.No.191/1 and 2
Kyathamaranahalli
Raghavendranagara
T.N.Pura Road
Mysore-11.
3. Sri Thirumalachar
S/o Late Venkataramanachar
Aged about 56 years
Residing at No.17, 3rd Cross
Thunga Road, Raghavendra Nagara
Mysore City-11.
... Petitioners
(By Sri. Chidananda P, Advocate)
AND:
1. State of Karnataka
By Sub Inspector of Police
Nazarbad Police Station
Devaraja Sub-Division
Mysore-570010.
2
2. Sri Venkatakrishne Urs
S/o. Late M Subramanya Raje Urs
Aged about 76 years
R/at D.No.1822, beside HP Petrol Bunk
Sidharthanagar
Mysore-570 011.
... Respondents
(By Smt Namitha Mahesh B G, HCGP for R1]
Sri P Manmohan, Adv. for R2 )
-----
This Criminal Petition is filed under Section 482 of Cr.P.C.
praying to quash the FIR in Cr.No.262/2018 at Annexure-A and
the consequential charge sheet in C.C.No.1254/2019 dated
25.07.2019 on the file of Hon'ble III JMFC, Mysore at Annexure-
B in so far as the petitioners are concerned.
This Criminal Petition coming on for Admission, this day,
the court made the following :
ORDER
Heard learned counsel for petitioners and learned
counsel appearing for respondent No.2 and also learned
HCGP appearing for respondent No.1-State.
2. This petition is filed under Section 482 of
Cr.P.C., praying this Court to quash the FIR in Crime
No.262/2018. Subsequently, the investigation has been
conducted and charge sheet has been filed, which is
numbered as C.C.No.1254/2019 on the file of III JMFC
Court, Mysuru City.
3. The factual matrix of the case is that on
09.12.2018, when the complainant and other went near
the property, these petitioners with the purpose of building
a boundary using JCB have illegally entered and
trespassed into complainant's premises bearing No.1822
which is situated beside HP Petrol Bunk, M M Road,
Siddharthnagar, Nazarbad, Mysuru and when the same
was questioned the petitioners abused in filthy language
and tried to assault and threaten the complainant and his
nephew one Mr. Gyaneshwara Urs with dire consequence.
Hence, complaint is filed at the first instance and the case
is registered for the offences punishable under Sections
341, 447, 323, 504 and 506 R/w 34 of IPC.
4. The petitioners would submit that no such
incident has taken place. The complainant is claiming
property right in respect of 1822 and there are civil
disputes between the parties and the complainant lost the
case in both Trial Court as well as the First Appellate Court
and hence RSA's are pending before this Court. Only in
order to overcome the loss, which he had suffered, false
complaint is filed. Learned counsel for the petitioners also
brought to the notice of this Court, the reference made in
the judgment of O.S. No.316/2004 that the property
bearing Door No.1882 is situated in survey No.180 and not
in survey No.190 or in 182. Hence, it is clear that frivolous
case has been registered against the petitioners. Therefore,
prays to quash the proceedings exercising power under
Section 482 of Cr.P.C.,
5. Learned counsel appearing for respondent
No.2/complainant submits that contents at page No.2 of
the complaint, is specific that on 9th December, 2018 these
petitioners have illegally entered the land of the
complainant with earth moving machine armed with stick
and threatened to assault with stick, when they
questioned, threatened the life. Upon investigation, charge
sheet has also been filed. The petitioners have manhandled
the complainant. The alleged incident is witnessed by
CWs.4 and 5 and their statements are also recorded during
the course of investigation. It is the matter of trial to find
out whether such incident has taken place or not. Hence,
this Court cannot exercise the power under Section 482 of
Cr.P.C.,
6. Learned HCGP appearing for the State also
submits that during the course of investigation,
Investigating Officer has recorded the statement of eye
witnesses, who were present at the time of incident. The
learned HCGP also brought to the notice of this Court the
statements which are marked as L1 and L2. Hence, Section
482 of Cr.P.C., cannot be invoked to quash the same.
7. Having heard the submissions of learned
counsel appearing for petitioners, learned counsel for
respondent No.2 and also HCGP appearing for respondent
No.1-State, while exercising the power under Section 482
of Cr.P.C, this Court has to examine whether the contents
of the complaint discloses that the incident has taken place
and the specific allegation is made against the petitioners.
On perusal of Annexure-C, which is complaint dated
10.12.2018, the specific allegation is made against the
petitioners. Apart from that the Police have also
investigated the matter and filed charge sheet for the
offences punishable under Sections 341, 447, 323, 504 &
506 R/w 34 of IPC. CWs.4 and 5 who have witnessed this
incident also given statement reiterating the complaint
averments. When such being the case, the specific
allegation made in the complaint and also during the
course of investigation, statement of eyewitnesses has been
recorded regarding the incident is concerned whether the
incident was taken place or not cannot be decided in the
proceeding under Section 482 of Cr.P.C., The very
contention of the learned counsel for the petitioners is that
a false case has been registered and there is a civil
disputes between the parties cannot be accepted at this
stage when specific allegations are made and also
statement of witnesses recorded who have witnessed the
incident. No doubt there are civil disputes between the
parties and the same cannot assist the petitioners to
exercise the power under Section 482 of Cr.P.C., to quash
the proceedings. The police have also conducted
investigation and filed charge sheet and also recorded the
statement of CWs.4 and 5. When such being the case, it is
not a fit case to exercise power under Section 482 of
Cr.P.C., and it requires trial whether such incident was
taken place or not and the truthfulness of the incident
cannot be ascertained in this proceeding.
In view of the discussion made above, I made the
following :-
ORDER
The petition is dismissed.
Sd/-
JUDGE
nms
