APPASAHEB Vs. BANGAREWWA

JUDGEMENT

(1.) Heard the petitioners' counsel and also learned HCGP for respondent No.2-State.

(2.) Petitioners are the accused Nos.11 to 13 and these petitioners have invoked Sec. 482 of Crimial P.C. and have sought the relief to quash the impugned order passed by the Prl. Civil Judge and JMFC, Jamakhandi in CC No.505/2017 dated 10/11.04.2017 and charge sheet filed against the petitioners for the offence punishable under Sections 143, 147, 447, 448, 427, 504, 506 r/w 149 of IPC.

(3.) The brief facts of the case is that the complainant is residing with her son in Kerur and there is site in Jamakhandi town measuring 24 x 47 mtrs and old house bearing CTS No.4655 in the name of her uncle's son Maruti Kallappa Dodmani and herself. Earlier the said site was in the name of deceased Shivrudrappa Dodmani and others. It is alleged that said site was transferred illegally in their name, hence they filed a suit in civil Court and said suit was decided in their favour. Since they are not handed over the possession and took possession through court on 06.09.2016. That on 04.12.2016 in the morning when she along with his son Premanand, Droupati, Basavaraj, Martui have gone to clean the said property, these petitioners by forming an unlawful assembly came and tress passed and caused the mischief by removing the fence. Hence, she has lodged the complaint. On the basis of the complaint the police have registered the case in Crime No.5/2017 against these petitioners filed for the above said offences.