VIJAYA LAKSHMI PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who have been arraigned as accused Nos.1 and 3 in CC Nos.50591/2017, 56555/2017, 56551/2017, 50593/2017, 56552/2017, 56569/2017 and 56558/2017 which have been registered for the offences punishable under Sections 447 and 427 IPC read with Section 34 IPC pending before XI Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru are before this Court with a prayer to quash said proceedings.

(2.) Heard Sri Rs.M Chidanandayya, learned Advocate appearing for petitioners and Sri K.N.Phaneendra, learned Senior counsel appearing for respondent-2 in the respective petitions and Sri S Rachaiah, learned HCGP appearing for the respondent-State. Perused the records.

(3.) Petitioners in these petitions claim to have purchased the property from erstwhile land owners in the year 2013 and also claim to have put in possession of the property pursuant to sale deeds executed. The respective complainants in these petitions have lodged complaint during year 2015 by alleging that they have been put in possession of the sites in the layout situated at Nagavara formed by Vyalikaval House Building Co-operative Society and from the year 2005, they have been in possession and enjoyment of the same. It is further alleged that during July, 2015 they were informed that certain persons had been using JCB to demolish the existing compound walls put up by them and as such, they rushed to their respective sites and found that accused persons were attempting to trespass into their sites and demolish the compound walls and as such, they lodged a complaint before jurisdictional police namely, Kadugondanahalli Police Station against petitioners which complaint came to be registered in Crime Nos. 316/2015, 304/2015, 302/2015, 312/2015, 303/2015, 306/2015 and 305/2015 for the offences punishable under Sections 447 and 427 IPC read with Section 34 IPC. Hence, petitioners are before this Court seeking for quashing of said proceedings.