AMAREGOWDA Vs. GOWRAMMA

JUDGEMENT

(1.) Petitioner who is complainant before the trial court has filed this petition under Sec. 482 of Cr.P.C. challenging the order dtd. 13/12/2017 passed by the trial court dismissing the complainant as against accused Nos.8 to 11, by which the trial court has ordered for issuance of process against accused Nos.1 to 7, but refused to proceed against accused Nos.8 to 11 who are revenue officials.

(2.) For the sake of convenience, the parties are referred to by their ranks before the trial court.

(3.) In support of the petition, complainant has contended that the refusal by the trial court to take cognizance against the accused Nos.8 to 11 is opposed to law, facts and probabilities of the case. The trial court has failed to appreciate that accused Nos.8 to 11 have failed to act in accordance with law. They have altered the boundaries of the property of the complainant in a manner advantageous to accused Nos.1 to 7, without issuing notice to the complainant. There are specific allegations in para 8 of the complaint regarding illegal acts of accused Nos.8 to 11 which is sufficient to take cognizance against them. Not only accused Nos.8 to 11 guilty of not providing opportunity to the complainant by issuing notice, but also in altering boundaries of the property of the complainant contrary to the documents. Complainant is required to be provided with an opportunity to establish the allegations made against accused Nos.8 to 11 and hence, the petition.