Karnataka High Court
Sri. Jaishankar M vs The Station House Officer on 13 August, 2024
Author: K.Natarajan
Bench: K.Natarajan
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CRL.P No. 964 of 2022
C/W CRL.P No. 4416 of 2021
CRL.P No. 7364 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.964 OF 2022 (482/528(BNSS))
C/W
CRIMINAL PETITION NO.4416 OF 2021
CRIMINAL PETITION NO.7364 OF 2021
IN CRL.P NO.964/2022:
BETWEEN
1 . SRI. JAISHANKAR M,
S/O LATE MUNISWAMY,
AGED ABOUT 54 YEARS,
2 . SMT. NALINI ESTHER,
W/O SRI. JAISHANKAR M,
AGE: 49 YEARS
BOTH ARE R/AT NO.37
Digitally signed 2ND CROSS, HUTCHINSON ROAD,
by KHAJAAMEEN BANGALORE-560084.
L MALAGHAN
Location: High ...PETITIONERS
Court Of
Karnataka
(BY SRI. R. A. DEVANAND, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
STATION HOUSE OFFICER,
PULAKESHINAGAR POLICE STATION,
PULAKESHINAGAR, BANGALORE -560005.
REPTD. THROUGH STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA AT BANGALORE
BANGALORE-560001.
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2. SRI. JOSHUA AMRUTHRAJ
S/O SMT. SELVI AMRUTHRAJ,
AGED ABOUT 45 YEARS,
R/AT NO.84 2ND CROSS,
HUTCHINSON ROAD,
BANGALORE-560084.
..RESPONDENTS
(BY SMT. ANITA GIRISH HCGP FOR R1;
SRI. SRIVATSA SENIOR COUNSEL FOR R2 FOR
SMT. PARVATHY R. NAIR, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C., PRAYING
TO QUASH THE PROCEEDINGS CULMINATING IN CR.NO.425/2021 OF
PULAKESHINAGAR P.S., PENDING ON THE FILE OF XITH A.C.M.M.,
COURT, AT BENGALURU IN SO FAR AS PETITIONERS WHO HAVE
BEEN RANKED AS ACCUSED NO.1 AND 2 ONLY, IN THE SAID CASE
BY ALLOWING THE CRL.P IN ENTIRETY.
IN CRL.P NO. 4416 OF 2021:
BETWEEN
1 . SRI. JAISHANKAR M.,
S/O LATE MUNISWAMY,
AGED ABOUT 54 YEARS,
2 . SMT. NALINI ESTHER,
W/O SRI. JAISHANKAR M.,
AGED ABOUT 49 YEARS,
BOTH ARE RESIDING AT NO.37,
2ND CROSS, HUTCHINSON ROAD,
BANGALORE-560084.
...PETITIONERS
(BY SRI: R. A. DEVANAND, ADVOCATE)
AND
1. THE STATION HOUSE OFFICER
ASHOK NAGAR POLICE STATION,
ASHOKNAGAR,
BANGALORE-560050.
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REPTD. THROUGH
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AT BANGALORE
BANGALORE-560001.
2. SRI NARSHIMURTHY
S/O LATE THYAGARAJ,
AGE: 60 YEARS,
R/AT NO.18 4TH STREET,
OLD MADRAS ROAD,
HALASURU, BANGALORE-560008
....RESPONDENTS
(BY SMT. ANITA GIRISH, HCGP FOR R1;
SRI. UMAPATHI. S., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C., PRAYING
TO QUASH THE PROCEEDINGS CULMINATING IN CRIME.NO.45/2021
PENDING ON THE FILE OF THE XXIX ADDL. ACMM, COURT MAYO
HALL UNIT BANGALORE IN SO FAR AS PETITIONERS WHO HAVE
BEEN RANKED AS ACCUSED NO.1 AND 3 ONLY IN THE SAID CASE BY
ALLOWING THE PETITION IN ENTIRETY.
IN CRL. P. NO. 7364 OF 2021:
BETWEEN
1 SRI. JAISHANKAR M.,
S/O LATE MUNISWAMY,
AGE: 54 YEARS,
2 . SMT. NALINI ESTHER
W/O SRI JAISHANKAR M,
AGE: 49 YEARS, BOTH RESIDING AT NO
37, 2ND CROSS, HUTCHINSON ROAD,
BANGALORE-560084.
...PETITIONERS
(BY SRI. R. A. DEVANAND, ADVOCATE)
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AND
1. THE STATION HOUSE OFFICER
PULAKESHINAGAR POLICE STATION,
PULAKESHINAGAR,
BANGALORE-560005.
2. SRI. JOSHUA AMRUTHRAJ
S/O SMT. SELVI AMRUTHRAJ,
AGED ABOUT 45 YEARS, R/AT NO 84,
2ND CROSS, HUTCHINSON ROAD,
BANGALORE-560084.
3. THE DEPUTY COMMISSIONER OF
POLICE EAST DIVISION,
ULSOOR, BANGALORE-560008.
4. THE STATION HOUSE OFFICER
COMMERCIAL STREET POLICE
STATION, COMMERCIAL STREET,
BANGALORE-560001
RESPONDENT NOS 1,3 AND 4
REPRESENTED THROUGH STATE
PUBLIC PROSECUTOR, HIGH COURT
OF KARNATAKA AT BANGALORE,
BANGALORE 560001.
RESPONDENTS
(BY SMT. ANITA GIRISH, HCGP FOR R1, R3 AND R4;
SRI. UMAPATHI S., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C., PRAYING
TO QUASH THE PROCEEDINGS INITIATED IN CRIME.NO.48/2021,
PENDING ON THE FILE OF THE IVTH A.C.M.M., COURT AT
BENGALURU BY ALLOWING THIS PETITION INENTIRETY.
THESE CRIMINAL PETITIONS HAVING BEEN RESERVED FOR
ORDERS COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT
MADE THE FOLLOWING.
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CORAM: HON'BLE MR JUSTICE K.NATARAJAN
CAV ORDER
Criminal Petition No.964/2022 filed by the
petitioners/accused Nos.1 and 2 under Section 482 of
Cr.P.C. for quashing the FIR in Crime No.425/2021
registered by the Pulakeshinagar Police, Bengaluru for the
offences punishable under Sections 420, 465, 468, 471,
120B of IPC on the complaint filed by the respondent
No.2/Joshua Amritha Raj on 12.11.2021.
Criminal Petition No.4416/2021 filed by the same
petitioners/accused Nos.1 and 2 under Section 482 of
Cr.P.C. for quashing the FIR in Crime No.45/2021
registered by the Ashoknagar Police Station, Bengaluru for
the offences punishable under Sections 420, 465, 468,
471 read with Section 34 of IPC on the complaint filed by
the respondent No.2/Narasimha Murthy on 22.02.2021.
Criminal Petition No.7364/2021 filed by the same
petitioners/accused Nos.1 and 2 under Section 482 of
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Cr.P.C. for quashing the FIR in Crime No.48/2021
registered by the Pulakeshinagar Police, Bengaluru for the
offences punishable under Sections 406, 420, 417 of IPC
on the complaint filed by the respondent No.2/Joshua
Amruth Raj on 18.02.2021.
2. Heard arguments of the learned counsel for the
petitioners and learned High Court Government Pleader for
the respondent No.1/State and learned Senior counsel for
the respondent No.2.
3. The case of the petitioners in Criminal Petition
No.964/2022 arising out of Crime No.425/2021 of
Pulakeshinagar Police, the respondent No.2/Joshua Amrith
Raj filed a complaint on 12.11.2021 alleging that a site
bearing No.37, formed out of Sy.No.83/2, measuring 3
acres 17 guntas, situated at Lingarajapuram village, was
sold to one Captain T. Dhanush Kodi by Captain
V.R.Krishna Prasad representing Commandant Head
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Quarters Engineering Group Center Bangalore-1 on
29.02.1967.
4. It is alleged that one John Mosis,
Jaishankar/accused No.1, Nalini Esther/accused No.2 and
some Advocates and court Ameena were all colluded
together and they created false agreement of sale and
khata certificate obtained from the TMC in respect of
House No.84 (old No.30) and they have filed false suit
before the Civil Court and obtained the decree for the
vacant sites as well as civic amenities sites thereby they
cheating the public as well as the State and the owners of
the property.
5. It is further alleged that the accused Nos.1 and
2 were resident of Hutchinson Road, Thomas Town,
Bengaluru in collision with one John Mosis, the house
belongs to the complainant House No.84(new) (house
No.30 old) measuring 1419 sqft, the accused by creating
the documents to knock off the property, which belongs to
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BDA to cheat the State. Based upon the complaint, the
police have registered the FIR and took up the
investigation which is under challenge.
6. In Criminal Petition No.7364/2021 arising out of
Crime No.48/2021 registered by Pulakeshinagar Police on
the complaint filed by the very same complainant-Joshua
Ambritha Raj on 18.02.2021 for the offences punishable
under Sections 406, 417, 420 of IPC alleging that the
accused persons in collision created the documents in
respect of House No.37, Municipal No.68(new), Old Khata
No.85 and present House No.86-4-68 they affixed fake
government seal and created the public document and
trying to alienate the said property by cheating the public.
7. It is alleged that the complainant staying in the
House bearing No.86-4-30 along with his family and he is
residing in the said House for 37 years and paying
electricity bill and enjoying the property. The accused
persons created the fake documents and filed suit before
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the Civil Court claiming right over the property. It is
further alleged that on 10.01.2020 the document created
in the name of accused No.2 and changed the khata in the
name of accused No.1 on 08.02.2021 and their names
appeared in the revenue records and he has obtained the
documents on 15.02.2021 where the property Municipal
No.68 (new) and Old Khata No.85, identified as 86-4-68.
There is no documents available in the revenue office,
which clearly reveals there is no such documents in the
revenue office but same was created by the accused
persons for knock off the property. It is further contended
that some of the TMC officials also colluded together along
with accused persons in creation of documents.
Accordingly, the Pulakeshinagar Police registered the FIR
and took up the investigation which is under challenge.
8. In Criminal Petition No.4416/2021 filed by the
same petitioners/accused Nos.1 and 2 in respect of Crime
No.45/2021 registered by Ashoknagar Police on the
complaint of one Narasimha Murthy. It is stated by the
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complainant that on 28.02.1967 the Commandant Head
Quarters Madras Engineering Group and Centre, Bengaluru
represented by Captain V.R.Krishnaprasad sold the site
No.37 to Captain Dhanush Kodi under the sale deed. But
the accused persons with an intention to knock off the
property created the fake Will in the name of Dhanush
Kodi and filed cases before the Civil Court and obtained
probate certificate. Later it was gifted to the accused No.2
by the accused No.1 with an intention to cheat public as
well as the State. He has stated there is no Will executed
by the Dhanush Kodi, which was created one and based
upon the Will, the accused No.1 obtained the probate
certificate and gifted the property to accused No.2 and he
has doubted about the execution of the Will by the
Dhanush Kodi to the accused No.1 about 12 years back to
the unrelated person. Therefore, they created the
documents filed before the Court obtained the decree.
Therefore, it is necessary for investigate the matter.
Accordingly, the Police have registered FIR and took up
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the investigation. The same is challenged by accused
Nos.1 and 2 in this petition.
9. On perusal of the records which reveals that all
these three cases pertaining to the same property where
accused No.1 claiming the property under the Will and is
said to be gifted to accused No.2. The Crime No.48/2021
and Crime No.425/2021 registered by the Pulakeshinagar
Police on the same complaint filed by Joshua Amruthi Raj-
the same complainant in respect of the same property,
whereas, complaint in Crime No.45/2021 registered by
Ahsoknagar Police filed on the complaint of one Narasimha
Murthy, but once again the same property was a subject
matter and same accused Nos.1 and 2 in this complaint.
10. The learned Senior Counsel for the respondent
No.2 filed objection in Criminal Petition No.964/2022
stating that the accused persons involved in forgery and
fabrication of khata and also filed criminal petitions for
quashing the criminal proceedings. The other two cases
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were registered against the petitioners. The BBMP officers
also filed a complaint against the petitioners. An FIR has
been registered. It is contended by the petitioners that in
Criminal Petition No.4416/2021 shows the commission of
offence, fabrication of documents, sale deed executed in
favour of Dhanush Kodi. The said Dhanush Kodi
subsequently sold the property to the Seventh Day
Adventist by way sale deed dated 27.06.1975 and the
petitioners are strangers to the said sale deed. There is no
title in their favour. In order to knock off the property
No.37 given in the original sale deed they registered
rectification deed changing the boundary. The said sale
deed is still standing in the name of third party Indian
Financial Association of Seventh Day Adventist. But the
petitioners have obtained probate certificate by creating
fabricated Will. They also filed suit in O.S.No.7186/2018
for declaration. HRC petition also filed before the Court of
Small Causes for seeking possession, where the
respondent No.2 was in possession. The matter is required
for investigation. Hence, prayed for dismiss the petition.
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11. The respondent counsel also stated there were
six cases registered against the petitioners. Out of which
five cases in Pulakeshinagar Police Station and one case is
in Ashoknagar Police Station. Therefore, prayed for
dismissal of petitions.
12. The similar objections are filed in other cases
also.
13. The learned counsel for the petitioners has
seriously contended there is civil dispute between the
parties in respect of the property in question. There is a
Will executed by the original owner Dhanush Kodi and he
was died. Therefore, probate certificate obtained by the
accused No.1 and later executed the gift deed in favour of
petitioner No.2/accused No2. The civil suit also pending
regarding encroachment. The respondents have filed
complaint after complaint for the same cause of action.
The accused No.2 filed suit in O.S.No.7186/2018, which
was dismissed on 31.01.2024 and Regular First Appeal
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going to file very soon. The Ashoknagar police do not have
any jurisdiction to register the FIR since the
Pulakeshinagar police have already registered the FIR. The
respondent No.2/Narasimha Murthy, who is resident of the
Ulsoor, he is nothing to do with the case and no locus
standi to file complaint, he is not an aggrieved person and
he is not a party to the civil suit. Hence, prayed for
quashing the FIR registered by Ashoknagar police.
14. Per contra, Sri. Srivatsa, learned Senior
Counsel appearing for respondent-complainant has
contended the accused persons created fake documents
and obtained probate certificate from the Court, the sale
deed was executed long back in the name of Seventh Day
Adventist church and the khata was also issued by the
BBMP. But the accused trying to claim the property under
the fake Will. Hence, prayed for dismissing the petitions.
15. Learned High Court Government Pleader also
supported the respondent-complainant arguments. The
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matter is required for investigation. There is fabrication of
documents and petitioners are trying to knock off the
property. Hence, prayed for dismissal of petitions.
16. On perusal of records, which reveals the
petitioners are accused Nos.1 and 2 in all the three cases.
The contention of the complainants is that the accused
persons have created fake Will said to be executed by the
Dhanush Kodi, who is the Captain, purchased the site from
the commandant of Madras Engineering Group for
Rs.6,900/-. The sale deed was executed on 28.02.1967
and subsequently a rectification deed was made by
changing the site number from 37 to 85. The boundaries
also got changed in the rectification deed, which is
unregistered document. The petitioners are claiming the
right over the property Old No.37 and New No.85 under
the Will and later they have obtained the probate
certificate from the Civil Court and executed the gift deed
in favour of the petitioner No.2/accused No.2 by the
accused No.1, who is wife of accused No.1.
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17. Whereas, the respondents claim the said
property was already sold by the owner to the Seventh
Day Adventist church and they are in possession and by
taking the vacancy of the property the accused trying to
alienate the suit schedule property to third persons by way
of agreement of sale. The original suit was also filed,
which is pending. The Will has been created and based
upon the Will, the khata and other documents also
obtained. Therefore, it is contended the matter is required
for investigation.
18. On verifying the records in all the three cases,
wherein two FIRs were registered by the Pulakeshinagar
police and one FIR registered by the Ashoknagar police
pertaining to same property. The Crime No.48/2021
filed by the same respondent No.2 for the same offence on
18.02.2021 and once again the same complainant filed
one more FIR on 12.11.2021 before the same police, a FIR
was registered in Crime No.425/2021 by the same
Pulakeshinagar police for the same offences by adding
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Sections 465, 468 and 471 of IPC. Both the FIRs are in
respect of the same property and similar allegations made
therein by the same complainant-respondent. Therefore,
the second FIR may be a comprehensive complaint filed by
the respondent No.2 by improving the earlier statement.
Therefore, this second complaint must have considered as
further statement of the complainant and the police can
investigate the matter and filed charge-sheet/final report
in Crime No.48/2021. There is no need to register one
more FIR in Crime No.425/2021 for the purpose of going
for further investigation.
19. That apart the FIR registered in Ashoknagar
Police in Crime No.45/2021 where the
respondent/complainant-Narasimha Murthy is nothing to
do with the property and he has no locus standi and no
interest over the property and he has not suffered any
injury, but unnecessarily filed a complaint to the
Ashoknagar Police, which is not come within the
jurisdiction of the Ashoknagar Police in respect of the
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property situated in Pulakeshinagar Police. The
Pulakeshinagar Police already started investigation in the
matter in Crime No.48/2021. Such being the case, another
criminal case in Ashoknagar police is not required and
which is third FIR liable to be quashed.
20. Though the learned counsel for the petitioners
relied upon various judgments of the Hon'ble Supreme
Court and learned Senior Counsel Sri.Srivatsa appearing
for respondent-complainant relied upon various
judgments. But looking to the facts and circumstances of
the case, I am of the view the police required to
investigate comprehensively in respect of the said
property, allegation of fabrication of documents, if any, in
Crime No.48/2021 of Pulakeshinagar Police itself.
Therefore, matter required for thorough investigation by
the Pulakeshinagar police in Crime No.48/2021.
21. The other two FIRs are subsequent FIRs for the
same allegations and same cause of action by two
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different persons in two different Police Stations in Crime
No.45/2021 of Ashoknagar Police Station and Crime
No.425/2021 of Pulakeshinagar Police Station are liable to
be quashed.
22. Accordingly, I proceed to pass the following:
ORDER
(i) Criminal Petition No.964/2022 filed by the petitioners/accused No.1 and 2 is allowed. The FIR in Crime No.425/2021 of Pulakeshinagar Police is hereby quashed.
(ii) The Criminal Petition No.4416/2021 filed by the petitioners/accused No.1 and 2 is allowed. The FIR in Crime No.45/2021 of Ashoknagar police is hereby quashed.
(iii) The Criminal Petition No.7364/2021 filed by the petitioners/accused No.1 and 2 for quashing the FIR Crime No.48/2021
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(iv) The Pulakeshinagar Police is directed to hold detail investigation in Crime No.48/2021 in respect of fabrication of documents, if any, obtained fake certificates, Will, gift, etc., and file final report in accordance with law.
Sd/-
(K.NATARAJAN) JUDGE SDU CT:SI