HARISH L. MIRPURI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The 2nd respondent had filed a private complaint under Sec. 200 of Cr.P.C., alleging that she is the absolute owner of the subject property and the petitioners-accused by fabricating the documents obtained an order from the Competent Authority to convert the land for non-agricultural purpose in their favour.

(2.) The learned Magistrate referred the complaint to the Police for investigation under Sec. 156(3) of Cr.PC. The Police registered the FIR for the offences punishable under Ss. 182, 193, 199, 420, 425, 441, 447, 463, 441, 463 , 468, 470, 471, 503, 506 read with 34 of IPC . Registration of the complaint is impugned in this petition.

(3.) The learned counsel appearing for the petitioners submit that the allegations made in the complaint arises out of the civil dispute pending between the parties in O.S.No.264/2017 filed by the petitioners-herein for permanent injunction against the 2nd respondent. He further submits that the FIR was lodged to circumvent the order of temporary injunction operating against the 2nd respondent in the said suit. He further submits that the private complaint lodged by the 2nd respondent is with an ulterior motive to harass the petitioners- accused to wreak vengeance and with revengeful intent. He further submits that the private complaint was filed pending investigation in Crime No.17/2017 against the same incident.