B RAVIKUMAR Vs. ANANTH

JUDGEMENT

(1.) THIS petition under S. 482 of the Cr. P. C. is filed praying for quashing the complaint that was registered against the petitioner herein and the consequent proceedings before the learned C. J. M. , chickamagalur, in C. C. No. 434/2005 (earlier numbered as C. C. No. 3/2003), and also to set aside the order passed by the Addl. Sessions Judge, Chickamagalur, dated 5-2-2005 in Crl. R. P. No. 53/2004.

(2.) THE facts in brief are to the effect that the respondent filed a complaint before the c. J. M. , Chickamagalur, under S. 200 of the cr. P. C. requesting the said Court to take cognizance of the offences punishable under Ss. 420, 468, 471 and 474 of the I. P. C. alleging that the petitioner herein, along with two other persons, concocted and forged the documents more particularly the G. P. A. and got executed the sale deed with respect to the property owned by the father of the respondent. The learned Magistrate referred the matter for investigation and following the submission of 'b' report and considering the objections filed by the complainant to the said 'b' report, the Magistrate recorded the sworn statement of the complainant and the two witnesses and directed the case being registered against the petitioner herein and two others. The petitioner preferred revision-petition before the Sessions Judge questioning the action of the trial Court in taking cognizance of the offences and the learned sessions Judge, after hearing the parties, came to the conclusion that the Magistrate committed no illegality in registering the case against the petitioner and two others and consequently dismissed the revision-petition as having devoid of any merit. The present petition is, therefore, filed seeking quashing of the complaint and the order passed by the Magistrate as well as the learned Sessions Judge.

(3.) HEARD the arguments of the learned counsel for the petitioner as well as the respondent.