JAYAPRAKASH M.R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned AAG for respondent No.1 and the learned counsel for respondent No.2.

(2.) This criminal petition is filed praying this Court to set aside the impugned order dtd. 23/12/2022 passed by the learned Senior Civil Judge and JMFC at Belur, Hassan, in C.C.No.452/2019 rejecting the discharge application filed by this petitioner, who is arrayed as accused No.3, for the offences punishable under Ss. 419, 420, 465 and 468 of IPC, registered by the respondent police.

(3.) The factual matrix of the case of the complainant/respondent No.2 is that, in the complaint he has made an allegation that this petitioner along with other accused persons have indulged in creation of documents. Based on the complaint dtd. 2/8/2019, the police have registered the FIR in Crime No.156/2019. The main allegation in the complaint is that one Siddegowda S/o Chandregowda, who is the father of accused No.1 and grandfather of the complainant died on 25/4/1996. However, accused No.1, father of the complainant, after the death of his father by impersonation executed a relinquishment deed dtd. 6/2/2007 in favour of accused No.2, who happens to be the father of this petitioner in respect of the land bearing Sy.No.65/3 measuring 15 guntas. Accused No.2 based on the said relinquishment deed got the revenue records mutated in the name of this petitioner. The police based on the complaint allegations, investigated the matter and filed the charge sheet for the offences punishable under Ss. 419, 420, 465 and 468 of IPC and the same is registered as C.C.No.452/2019.