PRAHAKAR Vs. K VASUDEVA MURTHY

JUDGEMENT

(1.) THIS petition is filed under Section 482 Cr. P. C. by the petitioners, who are Accused Nos. 1 to 8 in CC. 434/98 on the file of JMFC (II court), Davanagere, seeking for quashing the above case registered against them for the offences under Sections 405, 406, 40,9, 415, 417, 418, 419, 423 IPC and Section 71 of Indian Registration Act (for Short the 'act')

(2.) RESPONDENT filed the complaint in the trial Court against thepetitioners for the above said offences. Learned Magistrate has taken congnisance of the above said offences and after recording sworn statement of the complainant, ordered for registering the case against the petitioners for the above referred offences. It is at this stage, petitioners approached this Court for quashing the above proceedings pending against them.

(3.) IT is seen from the facts alleged in the complainant thatpetitioner No. 5, S. R. Jagadeeswara Reddy, who is the owner of some sites executed a General Power of Attorney in favour of one R. L prabhakar on 20. 9. 1991 authorising him to execute the registered sale deeds in favour of some purchasers of sites bearing Nos. 18, 19, 20, 21, 22, 23 each measuring 30' x 40'. Subsequently, he cancelled the said General Power of Attorney executed by him in favour of R. L. Prabhakar by a registered cancellation deed dated 6. 2. 1997 since R. L. Prabhakar did not carry out the instructions given by him. Thereafter, petitioner No. 5 informed R. L. Prabhakar about the cancellation of the said General Power of Attorney and executed another General Power of Attorney in favour of petitioner No. 4 M. H. Virupaksha. Thereafter, petitioner No. 4 presented the sale deeds before the Sub-Registrar, Davanagere, for registration and the said sale deeds were registered by the Sub-Registrar on 27. 2. 1997. On the same day, sale deeds presented by R. L. Prabhakar for registration were not registered by the Sub-Registrar, since the general Power of Attorney executed in favour of R. L. Prabhakar was cancelled by petitioner No. 5 by a registered cancellation deed dated 6. 2. 1997.