in the high court of karnataka at bengaluru dated...
TRANSCRIPT
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 25TH
DAY OF OCTOBER 2016
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.4081 OF 2013
CONNECTED WITH
CRIMINAL PETITION No.4103 OF 2013
CRIMINAL PETITION No.4112 OF 2013
CRIMINAL PETITION No.4113 OF 2013
CRIMINAL PETITION No.4114 OF 2013
CRIMINAL PETITION No.4116 OF 2013
CRIMINAL PETITION No.4117 OF 2013
CRIMINAL PETITION No.4123 OF 2013
CRIMINAL PETITION No.4125 OF 2013
CRIMINAL PETITION No.4128 OF 2013
CRIMINAL PETITION No.4129 OF 2013
CRIMINAL PETITION No.7737 OF 2015
2
CRIMINAL PETITION No.7738 OF 2015
CRIMINAL PETITION No.7808 OF 2015
CRIMINAL PETITION No.6752 OF 2016
IN CRL.P.No.4081 OF 2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through H and B, C.I.D.,
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. James Varghese,
Son of P.C.Varghese,
Aged about 52 years,
3
Residing at Chekkattuseril,
Anjilithanam,
Keviyur Post,
Thiruvalla,
Kerala – 689 582.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 1.1.2010 passed by the Principal Civil Judge (Jr.Dn.) and
Judicial Magistrate First Class, Hoskote in C.C.No.3/2010
produced hereto as Annexure-A. B) quash all further
proceedings in C.C.No.3/2010 pending on the file of the
Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First
Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.4103 OF 2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
4
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through C.O.D.,
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Pappy George,
Son of Geevarghese Pappy,
Residing at Hebron Villa,
Chettikulangara Post,
Mavelikara,
Kerala – 686 105.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 29.5.2010 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.333/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.333/2010 pending on the file
of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate
First Class, Hoskote, in so far as this petition is concerned.
5
IN CRL.P.No.4112 OF 2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through C.O.D.,
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. George Zachariah K.K.,
Son of Late K.S.George,
Aged about 59 years,
Residing at Flat No.3E,
Nadugadan Residence,
Chittoor Road,
Cochin,
Kerala – 682 509.
…RESPONDENTS
6
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 19.6.2010 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.399/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.399/2010 pending on the file
of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate
First Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.4113 OF 2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through COD.,
7
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Abraham Charuvila V.P.,
Son of K. Mathai P.,
aged about 53 years,
residing at Mercy Home,
Odanavattom Post,
Kottrakara, Quilon,
Kerala – 686 100.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 21.6.2010 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.400/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.400/2010 pending on the file
of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate
First Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.4114 OF 2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
8
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through COD.,
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Zachariah C Cherian,
Son of Late C.C.Cherian,
aged about 47 years,
Chackalayil House,
Angadikkal South P.O.,
Chengannur,
Kerala – 689 121.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 21.6.2010 passed by the Principal Civil Judge (Jr.Dn.)
9
and Judicial Magistrate First Class, Hoskote in
C.C.No.401/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.401/2010 pending on the file
of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate
First Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.4116 OF 2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through COD.,
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Sajeed Karappan Vittil Moidunny,
Son of Late T.V.Moidunny,
aged about 40 years,
10
Residing at Karappam Veetil,
Trichur,
Kerala – 680 501.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 3.5.2012 passed by the Principal Civil Judge (Jr.Dn.) and
Judicial Magistrate First Class, Hoskote in C.C.No.512/2012
produced hereto as Annexure-A. B) quash all further
proceedings in C.C.No.512/2012 pending on the file of the
Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First
Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.4117 OF 2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri Sandesh J Chouta, Advocate)
11
AND:
1. The State of Karnataka,
Through COD.,
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. T.V.Varghese,
Son of Late V. Abraham,
aged about 57 years,
Residing at Thakadil Grace Villa,
Vennikulam P.O.,
Thiruvalla,
Kerala – 670 173.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 26.7.2010 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.537/2010 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.537/2010 pending on the file
of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate
First Class, Hoskote, in so far as this petition is concerned.
12
IN CRL.P.No.4123 OF 2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through COD.,
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Babu Vinod Kandanjothy,
Son of Karunakaran,
aged about 40 years,
residing at Sitaram,
Thiruvangad,
Tellicherrtt,
Kerala – 670 103.
…RESPONDENTS
13
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 21.5.2012 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.587/2012 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.587/2012 pending on the file
of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate
First Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.4125 OF 2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through COD.,
Bangalore.
14
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Mathew Alex,
Son of Late M. Alexander,
Aged about 55 years,
Chettuthadathil House,
Mallappally North Post,
Pattanamthitta District,
Kerala – 689 548.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 24.6.2011 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.616/2011 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.616/2011 pending on the file
of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate
First Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.4128 OF 2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
15
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through COD.,
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Thomas George,
Son of Thomas,
aged about 50 years,
Babu Villa,
M.M.Street,
Kodaikanal,
Tamil Nadu – 624 101.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 24.6.2011 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
16
C.C.No.656/2011 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.656/2011 pending on the file
of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate
First Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.4129 OF 2013
BETWEEN:
Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
…PETITIONER
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through COD.,
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. P. Mathai Varghese,
Son of P.M.Mathai,
Aged about 50 years,
Residing at Padikkaveetil Ebenezer
17
House, Vallamkulam East,
Post Tiruvalla,
Pathanamthitta District,
Kerala – 689 548.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to A) set aside the order
dated 25.6.2011 passed by the Principal Civil Judge (Jr.Dn.)
and Judicial Magistrate First Class, Hoskote in
C.C.No.665/2011 produced hereto as Annexure-A. B) quash
all further proceedings in C.C.No.665/2011 pending on the file
of the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate
First Class, Hoskote, in so far as this petition is concerned.
IN CRL.P.No.7737 OF 2015
BETWEEN:
1. Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
2. D. Manuel,
Son of Late Devadas,
18
Aged about 62 years,
Residing at 373,
Horamavu Agara,
Horamavu Post,
Bangalore – 560 021.
…PETITIONERS
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through Kothanur Police Station,
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Mr. Shaju Hassan C.H.,
aged about 38 years,
Son of Hassan Kunju,
Shaju Manzil,
Madathara P.O.,
Kollam District,
Kerala – 691 541.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to i) set aside the order
19
dated 25.2.2015 passed by the XI Additional Chief
Metropolitan Magistrate at Bengaluru in C.C.No.50334/2015
produced hereto as Annexure-A in so far as these petitioners are
concerned; ii) quash all further proceedings in
C.C.No.50334/2015 pending on the file of the XI Additional
Chief Metropolitan Magistrate Court, Bengaluru in so far as
these petitioners are concerned.
IN CRL.P.No.7738 OF 2015
BETWEEN:
1. Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
2. D. Manuel,
Son of Late Devadas,
Aged about 62 years,
Residing at 373,
Horamavu Agara,
Horamavu Post,
Bangalore – 560 021.
…PETITIONERS
(By Shri Sandesh J Chouta, Advocate)
20
AND:
1. The State of Karnataka,
Through Kothanur Police Station,
Bangalore.
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Mr. Shaju Hassan C.H.,
aged about 38 years,
Son of Hassan Kunju,
Shaju Manzil,
Madathara P.O.,
Kollam District,
Kerala – 691 541.
For: Mr. Aliyaru Salaudeen Kunju,
son of Late Aliyaru,
Aged about 66 years,
Residing at Palookattil Varavela Post,
Kollam District,
Kerala – 691 541.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to Respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to i) set aside the order
dated 25.2.2015 passed by the XI Additional Chief
Metropolitan Magistrate at Bengaluru in C.C.No.50333/2015
produced hereto as Annexure-A in so far as these petitioners are
21
concerned; ii) quash all further proceedings in
C.C.No.50333/2015 pending on the file of the XI Additional
Chief Metropolitan Magistrate Court, Bengaluru in so far as
these petitioners are concerned.
IN CRL.P.No.7808 OF 2015
BETWEEN:
1. Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 52 years,
Residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
2. D. Manuel,
Son of Late Devadas,
Aged about 62 years,
Residing at 373,
Horamavu Agara,
Horamavu Post,
Bangalore – 560 021.
…PETITIONERS
(By Shri Sandesh J Chouta, Advocate)
AND:
1. The State of Karnataka,
Through Kothanur Police Station,
Bangalore.
22
Through the State Public Prosecutor,
State of Karnataka,
High Court Building,
Bangalore – 560 001.
2. Uma Chander Nain Oberoi,
Wife of Chander Nain Oberoi,
Aged about 65 years,
C/o. Laxmi Shanker,
No.201, Swathi Apartment,
237, 5th Main, Defence Colony,
Indiran Nagar,
Bangalore – 560 038.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to Respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash the F.I.R. in Crime
No.167/2014 dated 3.12.2014 and complaint dated 2.12.2014 in
XI Additional Chief Metropolitan Magistrate Court, Mayohall,
Bengaluru registered by the respondent Kothanur Police Staton,
Bengaluru, which is produced hereto as Annexure-A and B.
IN CRL.P.No.6752 OF 2016
BETWEEN:
1. Joseph Chacko,
Son of Late P.J.Chacko,
Aged about 56 years,
Residing at 176/B,
23
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
2. D. Manuel,
Son of Late Devadas,
Aged about 56 years,
Residing at 373,
Horamavu Agara,
Horamavu Post,
Bangalore – 560 043.
3. Rita Chacko,
Daughter of Late P.J.Chacko,
Aged about 45 years,
residing at 176/B,
Park Avenue,
Horamavu Agara,
Kalyan Nagar Post,
Bangalore – 560 043.
4. Tomy Joseph,
Son of P.T.Joseph,
Aged about 63 years,
Residing Skyline Montecarlo Apartment,
No.6E, Kanjikuzhi,
Kottayam District,
Kerala – 686 004.
5. Anish Abraham,
Son of Abraham Thomas,
Age 33 years,
Residing at 1/1,
20th C Cross,
24
Ejipura,
Vivek Nagar,
Bangalore – 560 047.
6. C.K.Mathew,
Son of P.K.Korah,
Age: 53 years,
Plot No.157, 158,
Bethel House,
Athma Vidya Nagar,
Byrathi, Doddagubbi Road,
Dr. SRK Nagar Post,
Bangalore – 560 077.
7. P.O.Rajan,
Sonof Late K. Oommen,
Age: 51 years,
Residing at No.183/2,
Bethel Street,
Hormavu Agara,
Hormave Post,
Bangalore – 560 043.
8. Stephen K. Varghese,
Son of Thomas Varghese,
Age: 70 years,
No.364, 2B Cross,
Rajanna Layout,
Hormavu Agara,
Hormave Post,
Bangalore – 560 043.
…PETITIONERS
(By Shri Sandesh J Chouta, Advocate)
25
AND:
1. The State of Karnataka,
Through Nandagudi Police Station,
Hoskote Taluk,
Through the State Public Prosecutor,
State of Karnataka,
Represented by
Public Prosecutor,
High Court Building,
Bangalore – 560 001.
2. Shamsudeen Fakarudeen,
Aged about 59 years,
Son of Late C.T.Varghese,
Residing at TJRA,
#110, Rainbow,
Golf Link Road,
Kowdiar,
Trivandrum – 695 003,
Kerala.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for
Respondent No.1;
Notice to respondent No.2 dispensed with)
*****
This Criminal Petition filed under Section 482 code of
Criminal Procedure, 1973, praying to quash F.I.R. in Crime
No.303/2016 pending investigation before the first respondent
Nandagudi Police Station, Bengaluru produced as Annexure-A,
in so far as these petitioners are concerned.
26
These Criminal Petitions coming on for Orders this day,
the court made the following:
O R D E R
Heard the learned Counsel for the petitioners and the
learned State Public Prosecutor.
2. Notice to the second respondent in all the petitions is
dispensed with, at the risk of the petitioners.
3. These petitions are filed by the accused in criminal
petitions who are differently arrayed in the several complaints
filed. However, the grievance of the complainants appears to
be identical. The complainants are said to have purchased the
lands described as sites bearing house list numbers of several
villages in Hosakote, K.R.Puram and Dodda Gubbi villages. It
transpires that the complainants had purchased the house sites
through a general power of attorney holder of the original
grantees and they were purportedly put in possession of the
vacant sites. It is subsequently learnt by them that the house
27
sites formed in the layout, were no longer identifiable, as third
parties had intervened and it is in retrospect they learnt that the
accused have purchased the same under registered sale deeds in
the face of the sale deeds in favour of the complainants and
therefore they have alleged offences punishable under the
various provisions of the Indian Penal Code, 1860 (Hereinafter
referred to as the ‘IPC’, for brevity) alleging fraud, forgery,
trespass and criminal conspiracy and so on. The court below
having taken cognizance, the present petitions were filed and
interim orders of stay were granted staying further proceedings.
4. At the outset, it is to be noticed that the allegations of
forgery etc., in respect of the incidental documents pursuant to
the registered sale deed in favour of the complainants could not
be adjudicated in a criminal case, for the reason that unless the
registered sale deed is cancelled and delivered up in terms of
Section 31 of the Specific Relief Act, 1963, the same cannot be
ignored. The court would not be in a position to proceed on the
basis that the sale deeds set up by the complainants are void ab
28
initio. This would again amount to a declaration by a criminal
court that the sale is void, which is impermissible. Therefore,
in the face of the registered sale deed, which the complainants
may claim, was a subsequent conveyance and could not
override their sale deeds, which is earlier in point of time, also
cannot be readily accepted, since it is an admitted fact that the
sale deeds in favour of the complainants is in respect of
particular plots of land without reference to any survey number.
Admittedly, the lands in question are not converted for non-
agricultural purpose. In the face of the further circumstance
that the sale deeds in favour of the petitioners herein are in
respect of acreage of lands bearing survey numbers, the identity
would be a serious matter to assume that the sites purchased by
the complainants overlap the lands purchased by the
petitioners. This is an area which requires to be adjudicated by
a civil court and in the absence of which, a criminal court
would hardly be in a position to appreciate the premise under
which the complaints are filed. Therefore, the complaints are
29
premature and would lack the basic foundation to demonstrate
that the sale deeds of the petitioners are void.
5. Hence, the remedy of the complainants would only be
before a civil court, where they would be enabled to have the
sale deeds of the petitioners declared as void, if it is their case
that they are void and thereafter may pursue all consequential
remedies of even criminal prosecution for having proceeded to
lay claim to the lands under a void sale deed.
Consequently, the Magistrate having taken cognizance,
cannot be sustained. Since the complaint itself was not
sustainable, before the court below in the circumstances which
are not disputed, the petitions are summarily allowed. The
proceedings initiated before the court below in each of these
petitions are quashed.
Sd/-
JUDGE
nv