B SOMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the arguments of the petitioners' counsel and the counsel for the respondent No.2.

(2.) The petitioners by invoking section 482 of Cr.P.C. , sought the rel ief to quash the impugned FIR in Crime No.237/2014, dated 9.9.2014, lodged by Brucepet P.S., Ballari , found at Annexure-H and also the charge sheet in C.C.No.1216/2015, dated 7.10.2015, for the offence punishable under sections 468, 471, 420 read with section 34 of IPC, on the file of I Addl . Civil Judge and JMFC Court, Ballari, found at Annexure-J, by allowing this petition and to grant such other rel ief as deems fit in the circumstances of the case.

(3.) The factual matrix of the case is that, the petitioner No.1 is the son of petitioner No.2 and they are the permanent residents of Ballari town. The land bearing Sy.No.286/B situated at Ballari town totally measures 2 acres 80 cents, which was originally owned and possessed by one K.Ramaswamy. He had established a Pulverizing factory in the name and stile of 'Vijayadurga Pulverizing Mill. The said Ramaswamy got the land converted for the purpose of establishing the factory and he had constructed several buildings in an extent of 80 cents, in the portion which was abutting the Siraguppa Ballari road. The said Ramaswamy transferred the entire extent of land in Sy.No.286/B along with the buildings constructed in the said land in favour of another firm of a similar name 'Vijayadurga Pulverizing Mills'.