M. SUBRAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question an order dtd. 7/2/2023 passed by the IV Additional Civil Judge and JMFC at Anekal, Bengaluru Rural District in C.C.No.185 of 2023 and seeks quashment of entire proceedings.

(2.) Facts, in brief, adumbrated are as follows:-

(3.) On 10/2/2020, immediately after grant of temporary injunction as aforesaid, a complaint comes to be registered by the 2nd respondent alleging that the sale deed was executed not by the mother of the complainant but by an imposter. Based upon the said complaint, a crime comes to be registered against the petitioner arraigning him as accused No.1 and three others in Crime No.50 of 2020. Police, after investigation, file a charge sheet in C.C.No.185 of 2023 against three accused persons. On filing of the charge sheet, the petitioner takes recourse to two proceedings, one the subject criminal petition having been filed on 29/5/2023. When no interim order was passed during the pendency of the criminal petition, the petitioner takes other recourse of filing an application seeking discharge from the array of accused before the learned Magistrate under Sec. 239 of the CrPC. The application was heard and order was passed on its merits on 21/11/2023 whereby the concerned Court discharged the petitioner from the array of accused.