SHIVALINGEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) CRL .P. No,5593/2010 is by the accused in Crime No.26/2010 registered by Basaveshwaranagar Police Station, Bangalore, lor the offences punishable under Sections 448, 323 and 506 of IPC., seeking quashing of proceedings in C.C. No.33002/2010 pending on the file of V Addl. Chief Metropolitan Magistrate, Bangalore.

(2.) CRL .P. No.3581/2010 is by the accused in Crime No.279/2009 registered by Basaveshwaranagar Police Station, Bangalore, for the offences punishable under Sections 406 and 420 of IPC., seeking quashing of the proceedings in C.C. No.5654/2010 coming within the jurisdiction of IV Addl. Chief Metropolitan Magistrate, Bangalore.

(3.) THE complaint in Crime No.26/2010, converted into C.C. No.33002/2010, filed by petitioner in Cii.P. No.3581/2010 is in respect of offences punishabie under Sections 448, 323 and 506 of IPC. The offences alleged in the complaint in Crime No.279/2009, converted into C.C. No.5654/2010, filed by petitioner in Crl P. No.5598/2010 are punishable under Sections 406 and 420 IPC. After the chargesheet is filed in both crime Nos., C.C. Nos.33002/2010 ond 5654/2010 are registered, which are pending consideration before the V Addl. CMM., and IV Addl. CMM , respectively. It is admittedly, at the stage of framing of charges. It is the case of petitioner in Crl.P. No.5598/2010, Shivalingegowda, that 2nd respondent therein, Krishnamurthy, agreed to sell the property in question under an agreement of sale dated 26.05.2008. However, petitioner in Crl.P. No.3581/2008, Krishnamurthy, has denied the execution of the said agreement of sale stating that the said document is created under different set of circumstances. Therefore, at this juncture, the question of quashing both the proceedings, which are pending against petitioner in both petitions does not arise.