N MARUTI SETTY Vs. Y NAGARATNAMMA

JUDGEMENT

(1.) THE petitioners herein have sought for quashing of charge sheet in Crime No. 18/2010 (PC 04/2010) pending before the Civil Judge (Jr.Dvn.) and JMFC, Siruguppa or in the alternative to keep the said case in abeyance till the disposal of O.S. No.96/2010 pending before the Principal Civil Judge (Sr. Dvn.) at Bellary.

(2.) THE brief facts that emanate from the records are that, the respondent No.1 herein Smt. Y. Nagarathnamma filed a private complaint in No. 4/2010 against these petitioners for the offences punishable under Section 419, 420, 468 and 471 r/w 149 of I.P.C. making the allegations that the accused persons/petitioners being the residents of Siruguppa on 03.09.2009 with a common intention to cheat the respondent No.1 fraudulently and dishonestly created a forged registered General Power of Attorney by impersonating as respondent No.1, as if executed a General Power of Attorney dated 03.09.2009. Again, on the basis of the said General Power of Attorney, the petitioner No.1 has executed a Registered Sale Deed dated 19.12.2009 in favour of the petitioner No.3 who is no other than the younger sister of petitioner No.1. It is an undisputed fact that after the respondent No.1 started questioning the illegal acts of the petitioners on the ground that those documents are forged, the petitioners themselves get cancelled the said registered General Power of Attorney and also registered sale deed. It is also narrated in the complaint that the said General Power of Attorney and also the sale deed were forged by the petitioners with an intention to cause wrongful loss to the complainant and also to have wrongful gain to them, the said acts were done with an ulterior motive to impersonated the respondent No.1 herein in order to grab the valuable property of the 1st respondent. Making such allegations the respondent No.1 has filed the complaint. The said complaint was referred to the jurisdictional Police for investigation and report. The Police have registered the FIR in No.18/2010 on 02.02.2010 and investigated the matter. Thereafter, Police have submitted a detailed charge sheet before the Court for the offences under Section 419, 420, 468, 471 r/w 34 of IPC. The learned Magistrate has taken cognizance after going through in detail the charge sheet papers and issued process against the petitioners. Against that, the present petition is filed.

(3.) APART from the above, the factual aspects also disclose that subsequent to the cancellation of the General Power of Attorney and also the sale deed, the petitioners have also claiming that earlier to 2009 also the respondent No.1 had executed a General Power of Attorney on 05.05.1997 in favour of petitioner No.1. On the basis of the said GPA once again the petitioner No.1 has executed another sale deed in favour of petitioner No.3 on 05.03.2010. Again being aggrieved by the conduct of the petitioners herein, the respondent No.1 has filed a suit in O.S. No.96/2010 before the Principal Civil Judge (Sr. Dvn.), Bellary seeking declaration that the document dated 05.03.2010 is non -est in the eye of law and also the General Power of Attorney dated 05.05.1997 is also null and void and all consequential transactions are null and void. It is submitted by the learned Counsel for the petitioners that the petitioners have also filed a suit for permanent injunction against the 1st respondent in O.S. No.38/2012.