R. PARAMESHWARA Vs. SHANTHABAI

JUDGEMENT

(1.) The complainant in PCR No.13315/2011 on the file of III Addl. Chief Metropolitan Magistrate, Bangalore, is before this Court challenging the concurrent finding of both the Courts below in dismissing his complaint and accepting the 'B' report filed by Banashankari Police Station.

(2.) Admittedly, the complainant is the erstwhile owner of land bearing Sy. No.58/2 of Kathriguppe Village, Uttarahalli hobli, Bangalore South Taluk, in which, he is said to have formed sites and given power of attorney in favour of one Prabhakar, husband of 1st respondent, in respect of site bearing No.4-P. The complaint is filed by him in FIR No.228/2009 against respondents 1 and 2 in this proceeding alleging that 1st accused has sold portion of Sy. No.58/2 of Katriguppe Village, Uttarahalli hobli, Bangalore South Taluk, in favour of 2nd accused by creating and concocting documents.

(3.) The said complaint was investigated into by Banashankari Police Station and thereafter, 'B' report is filed by the Police recording that though the complainant, Parameshwara, is the erstwhile owner of land bearing No.58/2, he formed sites on the said property and sold them under general power of attorney and consideration receipts in favour of various persons. One such site bearing No.4-P was sold by the complainant in favour of late Prabhakar, the husband of 1st respondent, by executing G.P.A. on 20.06.1987. Subsequently, the said site has been sold by 1st respondent in favour of 2nd respondent. It is also recorded in the 'B' report that the petitioner herein is in the habit of harassing the purchasers of sites formed by him in Sy. No.58/2 under various agreements of sale, G.P.A. and consideration receipts by demanding excess payment and in respect of persons, who failed to comply with his illegal demand, he is in the habit of filing complaints.