O. L. RAJENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question the proceedings pending in C.C.No.224 of 2016 before the Judicial Magistrate First Class, Third Court, Davangere City initiated against the petitioner for offences punishable under Ss. 465, 468 and 149 of the Indian Penal Code.

(2.) Brief facts leading to the filing of the present criminal petition, as borne out from the pleadings, are as follows:

(3.) The police on completion of investigation the respondent police have also filed a charge sheet against the accused for the offences punishable under Ss. 378, 471 and 149 of the IPC which is now numbered as C.C.No.224 of 2014. The petitioner who is accused No.3 was a witness who had affixed his signature to the alleged deed of sale which is fraudulently executed in terms of the complaint. On the police filing an FIR, the petitioner filed an application seeking his discharge from the proceedings. The Court before whom the discharge application was filed allowed the application in part and discharged the petitioner for the offence punishable under Section 471 of the IPC and directed framing of charge in respect of offences punishable under Ss. 379 and 149 of the IPC. The petitioner being aggrieved by the order refusing to discharge him from the proceedings preferred a revision petition before the District and Sessions Judge under Section 397 of the Cr.P.C.