DR. SRINIDHI Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) Petitioner is arrayed as accused No.2 in C.C.No.647/2015 pending on the file of III Additional Chief Metropolitan Magistrate, Bengaluru for the offence under section 427 read with section 34 of Indian Penal Code. Petitioner has sought to quash these proceedings under section 482 of Cr.P.C., 1973

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondent No.2 and the learned HCGP.

(3.) Learned counsel for the petitioner, at the outset, submits that initially, FIR was registered based on the complaint lodged by the second respondent herein against one Prabhuuddi. In the said complaint, it was specifically stated that, on 31.03.2013, aforesaid Prabhuuddi demolished the compound and shed erected by the complainant with the use of a JCB. More than 1 1/2 years thereafter, the complainant gave her further statement before the Investigating Officer on 13.12.2014 and for the first time, she alleged that when she visited her site on 02.04.2013, she was informed by the neighbours by name Nagegowda, Chikkanna and Johnson that the compound wall of her property was demolished by accused No.1 Sri.Anil Kumar and accused No.2 petitioner herein. Based on this statement, the Investigating Officer recorded the statements of aforesaid Nagegowda, Chikkanna and Johnson and ultimately laid the charge-sheet against accused No.1 and the present petitioner under section 427 read with section 34 of Indian Penal Code.