MAREPPA Vs. THE STATE AND ORS.

JUDGEMENT

(1.) I have heard the arguments of the learned counsel appearing for petitioner, learned High Court Government Pleader and learned counsel Sri. Ustad Firasat Hussaain appearing for respondent No. 2.

(2.) THE petitioner has approached this Court seeking quashing of the proceedings in P.C.R No. 19/2014 on the file of J.M.F.C., Court Devadurga and consequentially order referring the said complaint to the jurisdictional police for investigation U/Sec. 156(3) of Cr.P.C., and registration of F.I.R, in Crime No. 157/2014 by Devadurga police station and further investigation in the said case.

(3.) THE brief allegations made against the petitioner by respondent No. 2 in private complaint is that the petitioner had filed a suit on 16 -06 -2009 in O.S. No. 74/2009 before Addl. Civil Judge Raichur (Aternary Court sitting at Devadurga) for declaration and injunction against State of Karnataka represented by Deputy Commissioner Raichur, Jail Superintendent of Police Raichur, Tahasildar Devadurga, the said suit came to be decreed. On 17 -02 -2012, it is alleged that the petitioner who had knowledge about the complainant's father being alive and elder father of the complainant was still alive, at the time of filing the suit, but by mis -representing that those two persons were dead, obtained the decree in respect of land bearing survey No. 504/2004 and got mutated the same in his name. Therefore the said decree is on the basis of mis -representation and false information given by the petitioner before that Court. Therefore, he has committed the offences as alleged.