HANUMANTHE GOWDA R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Respondent No.2 had lodged the FIR alleging that he had purchased the subject land and entries were effected in his favour in the record of rights and also constructed a compound wall and is in possession of the same and such being the case, the accused got executed a registered power of attorney and demolished the compound wall causing loss of Rs.1,00,000.00.

(2.) Police after investigation submitted charge sheet stating that the dispute between the parties is purely civil in nature. Respondent No.2 filed protest petition to the B report submitted by the police. The learned Magistrate after recording the sworn statement of respondent No.2 and his witnesses took cognisance of the offences under Ss. 447, 427 and 420 r/w 149 of IPC and issued summons to the accused against which the present petition is filed.

(3.) Learned counsel for the petitioner submits that the allegations made in the complaint do not constitute commission of offences alleged against the petitioners-accused and the dispute between the parties is purely civil in nature, however, given a criminal texture and the police after investigation have rightly submitted B report. He further submits that recording of the sworn statement and taking cognisance without rejecting the B report at the first instance is impermissible as held by the Co ordinate Bench of this Court in Dr Ravikumar vs. Mrs K M C FIR in Crime No.80/2017 registered by the Shidlaghatta Rural Police Vasantha and Anr. reported in ILR 2018 KAR 1725.