IN THE HIGH COURT CF KARNATAKA AT BANGALORE Dated this the 7"' day of October, 2089 Before THE HON'BLE MR JUSTICE HULUVADI G RAMESH Criminal Petition 2761 / 2008 Between: Eon Auto Industries (P) Ltd Regd.Off: New Delhi Local Off: Flat # 002, # 245 Eden Hall, Defence Colony 80 Ft. Road, Indiranagar Bangalore 38 By its Authorised Signatory Mr Naveel Singla, 40 yrs S/0 J K Singla Petitioner (By Sri S Ganesh Shenoy, Adv.) And: 1. Taluka Magistrate Bangalore East Taluk K R Puram Bangalore 2 Sri B Nachaiah Chettiappe S/o M N Chettiappa # 72, Cunningham Road Civil Station, Bangalore 3 Mr Srinivas S/o late Narasimhiah 52 yrs, R/a Seethargigifiialaya Whitefield Road, Mahadevapura Post Bangalore 560 048 Respondents (By Sri Honnappa, GP for R1; Chalapathy & Srinivas, Adv. for R2; Sri C H Jadhav, Adv. for R3) This Criminal Petition is filed under S.482 of the Cr.PC praying to quash the proceedings in No. AGCR l37/2007-08 dated 28.2.2008 ~ annexure H, etc. This Criminal Petition coming on for Admission this day, the Court made the following: ORDER
Petitioner has sought for quashing the proceedings in No. AG CR
137/2007-2008 dated 28.2.2008 initiated by the l” respondent and to set aside
the order passed by the Fast Track Court III, Bangalore in Rev.Ptn.
250l0/2008 and 250l4/2008.
Petitioner is said to have purchased the property from the 3″]
respondent who in turn had purchased the property from the 2″” respondent. It
appears there is a dispute between the original vendor and his predecessor. In
that regard, the Tahsildar is said to have initiated proceedings under S.145 of
/
f
the Cr.PC. E?”
However, according to the petitioner, he is a bonafide purchaser for
value from the 3′” respondent. Also, a civil suit has been filed by the rival
claimant Claiming property alleging to have succeeded to it on the basis of the
Will.
It appears matter has been seized by the Civil Court as to the rival
contentions. More over, except specific dispute between the parties, there is
no question of disturbance of peace or law and order for initiation of
proceedings by the Tahsildar under S.l45, Cr.PC. Parties are bound by the
orders of the Civil Court and the proceedings initiated by the Tahsildar much
less the order passed in Revision are totally unwarranted.
Accordingly, petition is allowed. lmpugned proceedings pending
before the Taluk Executive Magistrate and the order passed in Revision by the
Fast Track Court are quashed.
An