NAGAYYASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question the proceedings in C.C. No.2230/2019. It transpires that during the pendency of the subject petition, the accused No.1 / petitioner No.1 is dead and therefore, the proceedings against him stands abated. Consideration therefore remains to the second petitioner would be hereinafter referred to as the petitioner.

(2.) Heard Shri Manoj Bikkannavar and Shri Anand R.Kolli, learned counsel appearing for the petitioner No.2 and the learned HCGP Shri V.S. Kalasurmat for respondent No.1.

(3.) Facts in brief, germane are as follows: The petitioner purchases the subject property from the hands of one Nagaraj on 11/6/2013 for a certain consideration. On the five years after the said sale, a suit in O.S. No.55/2019 is registered by one Doddappa, the brother of Nagaraj seeking partition of the family property. The said suit is pending consideration. The persons in relation to the vendor or the complainant, appear to have been created certain mischief in the property of the petitioner, which he was in his possession from the year 2013. Therefore, the petitioner seeks to register a crime in Crime No.81/2019 for the offences punishable under Ss. 341, 323, 447, 504, 506 & 34 of the IPC. The investigation in the said case is said to be still pending.