NARENDRA KUMAR S. Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos.1 to 4, 6 and 7 under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C ') for quashing the FIR in Crime No.182/2022 registered by the Magadi Road Police Station, Bengaluru for the offences punishable under Ss. 406, 420, 379, 120B, 506 read with Sec. 34 of the Indian Penal Code, 1860 (for short 'IPC ').

(2.) Heard the arguments of learned counsel for the petitioners, learned High Court Government Pleader for respondent No.1-State and respondent No.2-party in person.

(3.) The case of the petitioners is that on the complaint of respondent No.2 registered on 27/9/2022, the Police registered the case and it is alleged by respondent No.2 that petitioner No.1 is his younger brother and petitioner Nos.2 to 4 and other petitioners are the family members and relatives of petitioner No.1 were stolen the property documents belong to their father situated at Horamavu and contended that the petitioners and others were all residing at Rajajinagar and recently shifted from the said place and on verifying, he came to know that the petitioners have stolen the property documents with an intention to sell off those properties in collusion with accused No.8 and wife of petitioner No.1. He further contended that petitioner No.1 is unemployed and during 1995, he did not have any source of income, but, he has educated his sons to become Engineer. Petitioner No.1 spent money for their education out of misappropriated amount. He further contended that there were 6 sites purchased by his father in his name and two sites were got registered in the name of petitioner No.1 and entire documents were taken by the petitioners. During 1995 till 2005, the petitioners knocked out the entire properties belong to the undivided joint family. In spite of the request, he was dodging and did not return the said documents. The petitioners have amazed the property in the name of their relatives who were staying at Salem. Therefore, in order to find out the truth, it is necessary for registering the FIR and to take action against them. After receipt of the complaint, the Police registered the FIR which is under challenge.