ERAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. praying this Court to quash the FIR in Crime No.190/2018 for the offence punishable under Sec. 447 of IPC on the file of Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru.

(2.) The factual matrix of the case is that the complainant in the complaint dtd. 2/5/2018 made an allegation that she is having 4 acres of land in Sy.No.156 situated at Puttandooru Agrahara, which was purchased on 9/9/2005 from one Smt.Jayalakshmamma and she is having revenue records in her name and she had earlier lodged the complaint in this regard. However, the petitioners herein and others claims the right in respect of Sy.No.42 and even though the complainant was in possession, these petitioners had committed an offence of trespass and fenced the land and also made an attempt to do galata. Based on the complaint, the police have registered the FIR and now the matter is under investigation.

(3.) Learned counsel for the petitioners would vehemently contend that the petitioners are the owners of the property bearing Sy.No.42, in respect of which earlier a civil suit was filed and there is a decree in their favour. The revenue entries were made in their names, which came to be challenged before the Deputy Commissioner, who allowed the appeal vide order dtd. 2/8/2017 by setting aside the entries made therein. The petitioners have not trespassed into the land of the complainant and they are having the property in Sy.No.42. By using the powers which the complainant is having, a false case has been registered against the petitioners herein. Hence, it requires interference of this Court.