T M BASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner/accused No.3 in C.C.No.1109/2010, pending on the file of Civil Judge (Jr.Dn.) and JMFC, Devanahalli, Bengaluru Rural District has filed this petition under Section 482 of Cr.P.C. to quash the proceedings of the said case.

(2.) ACTING on a complaint dated 29.08.2008 of respondent No.2, a case in Crime No.43/2008 was registered for the offences punishable under Ss.468, 471, 420, 506 read with 34 of IPC. After investigation, final report having been submitted, cognizance was taken and C.C.No.1109/2010 was registered by the Civil Judge (Jr.Dn.) and JMFC., Devanahalli against the petitioner and two others, for the offences punishable under Ss.468, 471, 420, 506 read with 34 of IPC.

(3.) CASE of the prosecution is that, on 05.08.2008, accused No.1 Theerthegowda, an Estate Agent, taking undue advantage of the original documents parted in his favour by Sirajulla Khan CW -1, created a deed of General Power of Attorney in his favour by forging the signature of CW -1 and thereby, conveyed the title of the property comprised in Sy.No.147 of Kuduregere Village, to an extent of 2 acres in favour of one R.Raju CW -7 and the balance 1 acre was conveyed in the name of his wife Dr.Sumithra - Accused No.2. It is the further case of the Prosecution that CW -1 was threatened with dire consequences by the accused.