SRIDHAR MURTHY Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The present petitioners have sought for quashing the charge sheet in C.C.No.975/2011 pending before the learned IV Additional Chief Metropolitan Magistrate, Bengaluru (hereinafter referred to as the 'trial Court' for the sake of brevity).

(2.) The summary of the charge sheet in C.C.No.975/2011 is that the present petitioner No.1, who is accused No.1 along with one Sri. G. Vasudeva Simha-accused No.3 were conducting real estate and construction business under the name and style as M/s. Kayesess Construction Private Limited at Malleshwaram, Bengaluru. Accused No.1/petitioner No.1-Sri. Sridhar Murthy in connivance with accused No.2/petitioner No.2 Sri. V.K. Murthy, fabricated a false General Power of Attorney in the name of one Sri. K.G. Krishnamurthy, father of petitioner No.1/accused No.1 shown to have executed by a non-existing executant by name Sri. Munimallappa S/o Muniavarappa.

(3.) They also managed to get the property bearing Sy.No.190 (Old No.172), Khatha No.316/1 registered in the name of M/s. Kayesess Construction Private Limited on 31.10.1990 and 22.04.1991. Thereafter, they also passed a Resolution in the meeting of the Board of Directors of said M/s. Kayesess Construction Private Limited to the effect that accused No.3-Sri. G. Vasudeva Simha authorizing accused No.1(petitioner No.1)-Sri. Sridhar Murthy to deal with the subject matter property. Thereafter, the accused on 20.02.1995 and on 01.03.1995 were successful in selling nine site properties, in total measuring 21,000 sq.ft., to the father of complainant (CW-1) Sri. Velu B. Pethi and his family members.