SANJEEVA POOJARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri S.K.Acharya, learned counsel appearing for petitioner and Sri S.Rachaiah, learned High Court Government Pleader appearing for respondent No.1- State. Perused the records.

(2.) Petitioner herein has filed a private complaint under Section 200 of Cr.P.C., which came to be numbered as P.C.No.2/2013 on the file of the I Additional Civil Judge and JMFC, Udupi, alleging thereunder that accused Nos.1 to 8 with a common intention and in collusion obtained huge amounts by way of agricultural loan from Syndicate Bank, Udupi Branch, Udupi, by fraudulently mortgaging property bearing Sy.No.39/2F measuring 50 cents belonging to mother of petitioner, by forging her signature by way of impersonation.

(3.) Same was referred for investigation under Section 156(3) of Cr.P.C., by the learned Magistrate by order dated 09.01.2013. Based on said complaint, First Information Report came to be registered in Crime No.114/2013 by first respondent against respondent Nos.2 to 4 and other accused for the offence punishable under Sections 417, 419, 420, 465, 468, 504 and 506 read with Section 34 of IPC. On completion of investigation, charge-sheet came to be filed against accused No.1, 2, 3, 4, 5 and one Smt. Janaki (A-6). However, respondent Nos.2 to 4 who had been arraigned as accused Nos.6 to 8 in First Information Report were not arraigned as accused in charge-sheet and they were cited as witnesses-CW.1, CW.2 and CW.3.