REV. FR. T. KURIAKOSE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused Nos. to 6 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.1691/2021 registered by the Varthur police station in Crime No.27/2021 for the offences punishable under Ss. 420 , 120B , 506 of IPC pending on the file of II Additional Chief Judicial Magistrate, Bengaluru, Rural District

(2.) Heard the arguments of learned senior counsel for the petitioner, learned High Court Government Pleader for respondent No.1-State and learned counsel for the respondent No.2.

(3.) The case of the prosecutions is that on the complaint of respondent No.2, one Sathosh Thazhathu filed first information to the police on 1/2/2021 alleging that the land in Sy.No.49/11 (New SyNo.114) measuring 4 acres 2 guntas of Mullur vilalge has been purchased by him from the accused No.1 who is the owner of the land vide sale deed dtd. 4/12/2019 by paying valuable consideration of Rs.15,85,75,000.00 which was duly registered before the Sub-Registrar Basavanagudi, Bangalore since then he is in possession of the property and all the documents stands in his name. Inspite of selling the said property by the accused No.1. The accused No.1 in collusion with accused Nos.2 to 6 executed a GPA in favour of the accused No.3 in respect of the same property, in order to deprive the rights of respondent No.2 in enjoying the property and further alleged in the charge sheet that after selling the property the very accused No.1 on behalf of the other accused filed complaint to the Regional Commissioner for taking action against the respondent/complainant in respect of the said property. Later, enquiry was held on the same day and case was registered against the Revenue Officials at Wilson Garden police, thereby the accused persons trying to knock over the property and thereby cheated the complainant with more than 16 crores of rupees and the same was questioned with the petitioner, they have threatened him with dire consequences. Hence, the complaint came to be registered. The police after investigation filed the charge sheet, which is under challenge.