JALAJAKSHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is aggrieved by the order dated 19.02.2015 passed by the Civil Judge & JMFC, Ponnampet in C.C.No.137/2015, whereby the learned Magistrate has taken cognizance of the offences punishable under Sections 465, 467, 468, 471, 420 read with Section 34 of IPC and has issued summons to the petitioners.

(2.) Learned counsel for the petitioners submits that the dispute is civil in nature. The Will in question was produced before the civil court and the civil court has already given a ruling in respect of the said Will and therefore, there is no cause of action to proceed against the petitioners for the alleged offences.

(3.) Learned counsel appearing for the respondents, however, disputes the submission of the learned counsel for the petitioners and contends that specific allegations are contained in the charge sheet and necessary material having been collected by the investigating agency, there is no reason to quash the charge sheet.