NAGULAVANCHA SRIDHAR RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question registration of crime in Crime No.154 of 2021 registered on 5/10/2021 for offences punishable under Ss. 420, 448, 506 and 34 of the IPC.

(2.) Shorn of unnecessary details, facts in brief, are as follows:- The 2nd respondent is the complainant and a partner with the 1st petitioner. Petitioners 2 and 3 are roped in for the reason that certain work execution that the 1st petitioner and the complainant sought to undertake was on the site belonging to petitioners 2 and 3. The 1st petitioner and the complainant entered into a deed of partnership at Hyderabad on 26/2/2020. The deed of partnership was for execution of certain works. Remuneration and inflow of capital, inter alia was a part of the partnership deed. After execution of the partnership deed, the 1st petitioner, the

(3.) rd petitioner and the complainant entered into another agreement for execution of work titled as agreement of work execution. The salary fixed under the contract, for execution of work was Rs.2.00 lakhs. It appears that the complainant trespassed into the house of the 2nd petitioner who was a senior citizen, which leads the 2nd petitioner to register a crime against the complainant on 26/5/2021. The police on recording the statements of the 2nd petitioner and the complainant submitted a non-cognizable report. When things stood thus, a legal notice is caused by the complainant claiming certain amounts from the hands of petitioners 1 and 3. This is replied to by the recipients of the notice and carrying on further, the complainant seeks to register a crime in Mysore City in Crime No.154 of 2021 narrating incidents between 26/2/2020 and 13/9/2021 for offences punishable under Ss. 420, 448, 506 and 34 of the IPC. The police issued notices to the petitioners under Sec. 41(A) of the Cr.P.C., It is then the petitioners knocked at the doors of this Court in the subject petition. 3. This Court entertaining the petition has stayed all further investigation ON 7/12/2021, the moment notices were issued under Sec. 41(A) of the Cr.P.C., The interim order is in subsistence even as on date. Therefore, not a speck of investigation has taken place in the case at hand.