V VEERAPPA SON OF LATE VENKATARAMAIAH Vs. STATE

JUDGEMENT

(1.) These petitions are heard and disposed of together as they arise out of private complaints lodged by the same complainant, against the petitioners who are arraigned as the accused therein.

(2.) The facts as stated in a private complaint numbered as PCR 162/2008, filed before the Chief Judicial Magistrate, Bangalore, are as follows. One Venugopal, said to be the General Power of Attorney holder of Gopal and four others is said to have sold land bearing khatha no.88/88-40, measuring about 5200 square feet, formed in land bearing survey no.88 of Nallurhalli, K.R.Puram Hobli, Bangalore, to the complainant, Ashok Narang, as on 31/3/1995, under a registered sale deed.

(3.) Heard the learned Senior Advocate, Shri Shashi Kiran Shetty, appearing for the counsel for the petitioners and the learned counsel for the respondent - complainant. It is contended that the offences alleged against the petitioners are punishable under Ss. 141, 149 and 420 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC', for brevity). It is pointed out that from a perusal of the complaint, the ingredients of Ss. 141 and 149 are hardly attracted as there is no indication that any offence has been committed by any member of an unlawful assembly consisting of five or more members and that such an offence was committed in prosecution of a common object of the said unlawful assembly.