1

IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 13TH DAY OF MARCH 2014

BEFORE

THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA

CRIMINAL PETITION NO.5710 OF 2012

BETWEEN : SHRI.A.M.SHIVARAJU, S/O MANCHEGOWDA, AGED ABOUT 47 YEARS, REVENUE INSPECTOR, KASABA HOBLI, , DISTRICT – 571 438 . .. PETITIONER .

(BY SRI.B.B.BAJENTRI, ADV.)

AND :

1. THE STATE OF KARNATAKA, REPRESENTED BY STATION HOUSE OFFICER, SRIRANGAPATNA POLICE STATION, SRIRANGAPATNA – 571 438 .

2. SHRI.BALAKRISHNA P.C., S/O LATE CHENNEGOWDA, AGED ABOUT 35 YEARS, OCC: AGRICULTURIST, PALAHALLI, HOBLI, SRIRANGAPATNA, MANDYA DISRICT – 571 438 . ... RESPONDENTS .

(BY SRI.B.J.ESHWARAPPA, HCGP FOR R-1, SRI.H.C.SHIVARAMU, ADV. FOR R-2) 2

This petition is filed under Section 482 of the Code of Criminal Procedure, praying to quash the proceedings launched against the petitioner/accused No.1 before the Additional Civil Judge (Jr.Dn.) & JMFC, Srirangapatna in C.C.No.364/2011 vide Annexure - “A” and to quash the Private Complaint (PCR No.87/2009) on the file of the Additional Civil Judge (Jr.Dn.) & JMFC, Srirangapatna (Annexure – “B”), initiating false criminal proceedings against the petitioner.

This petition coming on for Admission this day, the Court made the following:

O R D E R

First accused in C.C.No.364/2011 pending on the file of

JMFC, Srirangapatna, has come up in this petition, seeking quashing of the said proceedings, which is registered pursuant to complaint in PCR No.87/2009 and for other reliefs.

2. Admittedly the proceeding in C.C.No.364/2011 is in respect of offence punishable under Section 466 IPC, i.e., with reference to forging of records of public register, so far as it pertains to Sy.Nos.210 and 211 of Brahmappa Village, 3

Srirangapatna Taluk. The learned Magistrate after taking cognizance of the offence has directed the police to file charge sheet and accordingly charge sheet is filed for the aforesaid offence in Charge Sheet No.122/2011 of Srirangapatna Police, which is coming within the jurisdiction of JMFC Court,

Srirangapatna and thereafter the matter is taken up for consideration and it is stated that the same is at the stage of hearing the parties before charge. When the matter stood thus, accused No.1 in the said proceeding, has come up in this petition seeking quashing of the same.

3. Heard the learned counsel for petitioner and as well as contesting respondent No.2. On going through the material available on record, this Court find that question of quashing the aforesaid proceedings in C.C.No.364/2011 which is registered pursuant to Private Complaint in PCR No.87/2009 does not arise. Since it is at the stage of hearing the parties before charge, petitioner herein, who is first accused in the said proceeding is at liberty to place all the materials before 4

the learned Magistrate and seek for his discharge. With this observation, the petition is dismissed.

Sd/- JUDGE .

AGV.