C NANDEESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for petitioner and learned HCGP appearing for the State. Respondent No.2 is served and unrepresented.

(2.) This court by order dated 09.11.2018 has granted interim stay of further proceedings. In light of same, examination of prayer for continuation of interim order would result in examination of case on merits, it is taken up for final disposal.

(3.) Second respondent herein has filed a complaint under Sec. 200 Crimial P.C. before the jurisdictional Magistrate alleging that he is the owner of property bearing Sy.No.11 of Kodigehalli, Yelahanka Hobli, Bangalore North Taluk, Bangalore, measuring 1 Acre 28 guntas and had formed sites in said property in respect of which the third accused started claiming of ownership i.e., over Site Nos.9, 9/1 and 10 contending that one Sangamesh B. Chandapur, (husband of the first accused - since deceased) as Power of Attorney holder of the complainant had executed a registered Sale Deed on 03.06.1997 in respect of said sites. Alleging that he had never executed any such power of attorney in favour of one Sangamesh B. Chandapur, a private complaint came to be filed on 16.06.2015. Learned Magistrate ordered the complaint to be put up on 22.06.2015 and on the said date, referred the complaint under Sec. 156 (3) Crimial P.C. to jurisdictional police for investigation. Hence, petitioner is before this court for quashing of the proceedings.