PUTTARAJU Vs. THE STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) Though the case is posted for admission, the respondent No.2 has filed an IA.No.1/2018 for vacating stay. In view of the above such circumstances, both the Counsel have submitted the arguments on merits of the case. Therefore, the matter is heard on merits and disposed of.

(2.) The petitioner has challenged an initiation of criminal proceedings by registering an FIR in Crime No.92/2014 dated 24.7.2014 against him on the basis of the information given by respondent No.2 herein for the offences punishable under Sections 181, 419, 420, 468 read with Section 34 IPC. At the threshold, an FIR was called in question and this Court has granted an order of stay.

(3.) Learned Counsel for the petitioner has strenuously contends before this Court that, the petitioner is a bona fide purchaser having purchased the property from one Ramaswamy under a registered Sale Deed dated 17.11.2009. Respondent No.2, in fact being aggrieved by the said transaction, has already filed a suit in O.S.No.235/2009 on the file of Additional Civil Judge (Jr.Dn), Kollegal against the petitioner and as well as the said Ramaswamy. The petitioner has entered appearance in the said suit and filed his written statement and the matter is pending for consideration. In fact, this respondent No.2 has filed a complaint before the police earlier on 26.12.2013 and the police have issued an endorsement and the matter is of civil nature and therefore they have to take appropriate measures before the Civil Court. The said order appears to have been challenged before this Court in W.P.No.30003/2014 and the said writ petition was dismissed as it does not survive for consideration in view of the police subsequently registered the present FIR in Crime No.92/2014. Therefore, the learned Counsel for the petitioner submits that, when the civil matter is pending between the parties all the disputes can be thrashed out in the said case itself. Moreover, there is no dispute between Ramaswamy, the person, who executed the Sale Deed in favour of the petitioner as the true owner of the said property.