SHIVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioners in this Criminal Petition challenge the registration of the charge sheet in C.C. No. 2039/2021, which is pending before the Learned Civil Judge (Jr. Div) and JMFC, Sedam, for offences punishable under Ss. 406 , 418, 463, 464, 468 read with Sec. 34 of the IPC.

(2.) The case of the prosecution is that Accused No. 1, the brother of the complainant/Respondent No. 2, and Accused Nos. 2 and 3, the wife and son of Accused No. 1 respectively, are alleged to have induced the complainant to sell her plots. It is claimed that 25 plots were sold without her knowledge, and her signatures were obtained on sale deeds. The complainant reportedly received Rs.22.00 lakhs through six cheques, while Accused No. 1 allegedly sold the plots at half the market value, and some plots were sold in benami names. It is further alleged that Accused No. 1 transferred the plots to their names and received Rs.50,00,000.00, which was used by the petitioners. The complainant alleges that she was unaware of these illegal transactions that took place between January 2016 and February 2019.

(3.) Subsequently, an F.I.R. was registered in Crime No. 0026/2021 on 12/2/2021 by Respondent No. 2 against Accused Nos. 1 and 2 for offences punishable under Ss. 415, 418, 420, 463, 464, 465, 467, 468, 120-B , and 34 of the IPC.