PRAJWAL RAMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused No.1 is sought to be prosecuted for offences punishable under Ss. 465, 468, 471, 120(B) , 417, 419, 420 read with Sec. 34 of IPC.

(2.) Respondent No.2 had lodged a FIR against Mahesh C N /accused No.2 and others alleging that the complainant had negotiated with one Ashok Kumar H P, to purchase the subject site and in terms of the negotiation, an agreement of sale was executed in his favour and a sum of Rs.40,000,00.00 was paid as an advance sale consideration. Thereafter, an agreement of sale executed in favour of the complainant was cancelled fraudulently by accused No.2 and others and on the same day, the subject site was conveyed in favour of accused No.2. Further, an agreement of sale was cancelled by creating Aadhar cards in the name of the complainant as well as the original owner. The police during the course of investigation recorded the statement of accused No.1 and in her statement she has confessed that A-5 herein fabricated the Aadhar Cards in the name of the complainant and the original owner. Based on the confession statement, the petitioner has been arraigned as accused No.5 for the aforesaid offences.

(3.) Learned counsel for the petitioner submits that except the confession statement of co-accused i.e. accused No.1, there is no corroborative material to substantiate that accused No.5 as an advocate fabricated the Aadhar cards of the complainant and the original owner. Hence, continuation of the criminal proceedings only on the basis of the confession statement of co-accused is impermissible and is an abuse of process of law. He further submits that he is neither a party or signatory to the cancellation deed and also the sale deed executed in favour of accused No.2.