VEENA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by petitioners/accused Nos.1 and 3 under Section 482 of the Code of Criminal Procedure praying this Court to quash the order dated 18.01.2018 passed by the learned JMFC-III Court, Belagavi, in PCR NO.1/2018, for the offences punishable under Sections 120B, 201, 419, 471, 468 and 420 of the Indian Penal Code, 1860.

(2.) I have heard learned counsel for the petitioners/accused and the learned counsel for respondent No.2 and the learned High Court Government Pleader for respondent No.1-State.

(3.) It is the submission of learned counsel for the petitioners/accused that respondent No.2 filed O.S. No.43/2009 for a declaration that he is the owner in possession of the suit property as per the oral gift (hiba) by defendant No.1. The said suit came to be dismissed. Against the said judgment and order, R.F.A. No.4095/2013 has been filed before this Court and the said appeal is still pending consideration by this Court. It is his further submission that respondent No.2 has filed a private complaint in P.C.R. No.1/2018 against the petitioners/accused. The learned Magistrate has passed the impugned order for further investigation by the police under Section 156(3) of Cr.P.C. Challenging the same, the petitioners/accused are before this Court.