SUJAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is presented by a senior citizen couple Mr. L.P.Krishnamurthy, aged 72 years and his wife Smt. A.Sudha, aged 70 years and their nephew Mr.Sujay, aged 39 years, challenging registration of FIR No.186/2018 by Malleshwarm Police on 19.09.2018 for the offences punishable under Sections 143, 149, 448 and 506 of IPC.

(2.) The brief facts of the case are, petitioner Nos. 2 and 3 are the owners of a flat situated in the Second floor of 'Professor V.G.Kubair's Apartment' and they have purchased the same from 2nd Respondent's father on 05.11.2008. Respondent No.2 and his wife (respondent No.3) have filed a suit in O.S.No.3975/2018 before the City Civil Court, Bangalore, on 06.06.2018 seeking enforcement of clause 15 of the Sale Deed dated 05.11.2008, which requires Sri.Krishnamurthy and his wife Smt.Sudha to first offer the property to the Vendor or his L.Rs., in the event they chose to sell the property. The said suit is pending adjudication in CCH-25.

(3.) As the matter stood thus, on 14.09.2018, Respondent No.3 - Smt.Bhagyashree Kubair sent an e- mail to the Deputy Commissioner of Police (North), stating as follows:-