Crl.P. Nos. 8059, 8057, 8058, 8060, 8061, 8062, 8063, 8064, 8065, 8066, 8067, 8068, 8069, 8070, 8071, 8072, 8073, 8074, 8075, 8076, 8077 and 8078 of 2016. Case: T.V. Jayaprakash Vs State of Karnataka and Ors.. High Court of Karnataka (India)
| Case Number | Crl.P. Nos. 8059, 8057, 8058, 8060, 8061, 8062, 8063, 8064, 8065, 8066, 8067, 8068, 8069, 8070, 8071, 8072, 8073, 8074, 8075, 8076, 8077 and 8078 of 2016 |
| Counsel | For Appellant: Sathish T.S., Advocate and For Respondents: Vijaykumar Majage, Addl. SPP |
| Judges | John Michael Cunha, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Section 482; Indian Penal Code 1860, (IPC) - Sections 120(B), 468, 471 |
| Judgement Date | March 24, 2017 |
| Court | High Court of Karnataka (India) |
Order:
John Michael Cunha, J.
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I have heard the learned counsel for the petitioner and the learned Addl. SPP for respondent No. 1. Respondent No. 2(a) and (b) have made their submissions as parties in person.
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All these petitions are filed under Section 482 of Cr.P.C., seeking to quash the F.I.R. in Cr. Nos. 1029/2016, 1014/2016, 1028/2016, 1030/2016, 1031/2016, 1032/2016, 1033/2016, 1034/2016, 1035/2016, 1039/2016, 1040/2016, 1041/2016, 1042/2016, 1044/2016, 1045/2016, 1046/2016, 1050/2016, 1051/2016, 1052/2016, 1053/2016, 1054/2016, 1055/2016 respectively registered by the Madivala police station, Bangalore for the offences punishable under Section 120(B), 468, 471 of IPC in so far as the petitioner/accused No. 3 is concerned.
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Respondent No. 2 is the Co-President of Janaadhikaara Sangharsha Parishath-NGO. He lodged a report before the respondent No. 1 on 22.09.2016. The said report reads as under:
"During the registration of the above sale deed, the documents that is necessary for the registration of a site such as form 9,11 and certificate for these forms are alleged to be forged as is evident from the fact that the seal put on the forms 9 and 11 is the seal of
and 
whereas the site is located at 
This clearly displays the fraud and forgery involved in the entire transaction in connivance with the then concerned Senior Sub-Registrar, Mr. T.V. Jayaprakash who signed the registered sale deed and rendered a stamp of legislation of this fraudulent transaction. We allege a criminal conspiracy u/s. 120B of IPC between Mr. T.V. Jayaprakash, the then senior Sub-Registrar and the members mentioned in the para 1)-a to c) in committing the purported forgery and fraud in the above said registration." -
Based on the said report, the respondent No. 1 registered FIR in Cr. Nos. 1029/2016, 1014/2016, 1028/2016, 1030/2016, 1031/2016, 1032/2016, 1033/2016, 1034/2016, 1035/2016, 1039/2016, 1040/2016, 1041/2016, 1042/2016, 1044/2016, 1045/2016, 1046/2016, 1050/2016, 1051/2016, 1052/2016, 1053/2016, 1054/2016, 1055/2016 respectively against the accused Nos. 1 to 3 for the offences punishable under Section 120(B), 468, 471 of IPC. The petitioner herein is shown as accused No. 3 in all the above FIRs.
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It is not in dispute that the petitioner herein was a Senior Sub-Registrar of BTM Layout, Sub-Registrar Office, Bangalore at the relevant point of time. The sum and substance of the accusation made against the petitioner is that the petitioner registered as many as 30 sale deeds in respect of the various sites...
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