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482 (HC) Maharudrappa

145 of Cr P C against the petitioners and Plaintiff’s in O S No. 58/2010 with an averment that the parties their in have filed a suit for declaration and separate possession

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231 views7 pages

482 (HC) Maharudrappa

145 of Cr P C against the petitioners and Plaintiff’s in O S No. 58/2010 with an averment that the parties their in have filed a suit for declaration and separate possession

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adv_vinayak
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IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH

AT GULBARGA

(MEMORANDUM OF CRIMINAL PETITION UNDER SECTION 482


OF CRIMINAL PROCEDURE CODE)

Proceedings U/s 145 Cr.PC

BEFORE THE TALUKA EXECUTIVE MAGISTRATE AURAD (B)

File No. MAG/CR-04/11-12

IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH


AT GULBARGA

CRIMINAL PETITION NO. /2013

BETWEEN

1. Maharudrappa S/o Late Irshetty Babne


Age : 70 years, Occ.: Agriculture
R/o village Santhpur Tq. Aurad – B Dist Bidar

2. Ramesh S/o Maharudrappa Babne


Age: 27 years, Occ.: Business
R/o village Santhpur Tq. Aurad – B Dist Bidar

…..PETITIONERS

AND
1. The State through
Tahsildar Aurad – B Dist. Bidar

2. Santhpur P S, Tq. Aurad – B


Dist. Bidar
...RESPONDENTS

My Lord,

1. That the address of the petitioner for the purpose of service of


notice, summons etc, is that as shown in the cause title and it may
also be notified through his counsel Sri.Avinash A.Uplaonkar,
Advocate, H.No.11-1802, Vidya Nagar colony, Gulbarga.

2. That the address of the respondent for similar purpose is as shown


in the cause title.

3. Being aggrieved by the initiation of proceeding U/S 145 of Cr. P C


and thereafter handing over the possession of properties bearing
no. Sy. No. 50, 9/1 & 9/2 situated at village Santhpur and Sy. No.
27/A, 27/B & 5 situated at village kappikera Tq. Aurad (B) Dist.
Bidar to the respective Revenue inspectors till the disposal of civil
suit bearing No. O S No. 58/2010. This petition is preferred.

BRIEF FACTS OF THE CASE

4. That, the Santhpur Police registered the case in crime 63/2011 on


09-07-2011 U/s 145 of Cr P C against the petitioners and Plaintiff’s
in O S No. 58/2010 with an averment that the parties their in have
filed a suit for declaration and separate possession before in the
court of the Prl. Civil Judge (sr. Div) Bidar jurisdiction and
thereafter during the pending of the suit the parties have developed
ill will for which there is ever possibility of quarrel and blood shed
and further possibility of breach of peaces and tranquility.

5. That, on the basis of the said report and without considering the
representation made by the petitioner and also without any reason
assigned their to and without following the rule has passed the
impugned order

GROUNDS

6. That, the petitioner were arrayed as defendants in O S No. 58/2010


were in one Babu S/o Veershetty obtained ex-party temporary
injunction and the petitioners appearing before the civil court,
filling there objections and written statement the learned civil judge
was pleased to vacate the ex-party injunction by order dated 07 th
March 2011.

7. That, the civil court has already considered that the petitioners are
in possession of suit property for the last more than 25 years.

8. That, in view of their being settled position of law by their Hon’ble


supreme court of India that when the proceeding are pending
before the competent civil court and only it is the civil court which
can decide the question of title as well as position.

9. That, the respondent without taking into consideration the order


passed by the civil judge (sr. Div) Bidar has exceeded his right in
passing the impugned order.

10. That, it appears due some unseen force this order is passed only
with an intention to defeat the order of the civil court and to
dispossess the petitioner from their lands.

11. The petitioner craves leaves to urge any other points that may be
available at the time of arguments

PRAYER
WHEREFORE it is prayed that the Hon’ble Court be pleased to
exercise the inherent powers U/sec.482 Cr. P C examine the records and

quash the order passed by Taluka Executive Magistrate Aurad (B)


in File No. MAG/CR-04/11-12 in the interest of justice.

Place: Gulbarga
Date: ADVOCATE FOR PETITIONERS
(Avinash A.Uplaonkar)
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH
AT GULBARGA
CRIMINAL PETITION NO. /2013

BETWEEN

Maharudrappa S/o Late Irshetty Babne and another

…..PETITIONERS
AND
The State through
Tahsildar Aurad – B Dist. Bidar and another
...RESPONDENTS

SYNOPSIS

SL.NO. DATE EVENT


1. 07-03-2011 The Learned Civil Judge (sr. Div.) at Bidar
rejected of I.A. No. I and VIII filed by
Plaintiff’s in O S. 58/2010
2. 09-07-2011 The respondent police registered case
under crime no. 63/2011
3. 27-08-2011 The Tahsidar and Taluka Magistrate at
Aurad –B Dist. Bidar passed impugned order
in File No. MAG/CR-04/11-12
BRIEF FACTS OF THE CASE

That, the Santhpur Police registered the case in crime 63/2011 on


09-07-2011 U/s 145 of Cr P C against the petitioners and Plaintiff’s in O
S No. 58/2010 with an averment that the parties their in have filed a suit
for declaration and separate possession before in the court of the Prl.
Civil Judge (sr. Div) Bidar jurisdiction and thereafter during the pending
of the suit the parties have developed ill will for which there is ever
possibility of quarrel and blood shed and further possibility of breach of
peaces and tranquility.

That, on the basis of the said report and without considering the
representation made by the petitioner and also without any reason
assigned their to and without following the rule has passed the
impugned order

Place: Gulbarga
Date: ADVOCATE FOR PETITIONERS
(Avinash A.Uplaonkar)
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH
AT GULBARGA
CRIMINAL PETITION NO. /2013

BETWEEN

Maharudrappa S/o Late Irshetty Babne and another

…..PETITIONERS
AND
The State through
Tahsildar Aurad – B Dist. Bidar and another
...RESPONDENTS

APPLICATION UNDER SECTION 482 OF CRIMINAL


PROCEDURE CODE

For the reasons stated in the accompanying affidavit, it is


humbly prayed that the Hon’ble Court be pleased to stay the

impugned order passed by Taluka Executive Magistrate Aurad

(B) in File No. MAG/CR-04/11-12, till the disposal of above said


criminal petition, in the interest of justice and equity.

Place : Gulbarga
Date : ADVOCATE FOR PETITIONER
(Avinash A.Uplaonkar)
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH
AT GULBARGA

CRIMINAL PETITION NO. /2010

BETWEEN

Maharudrappa S/o Late Irshetty Babne and another

…..PETITIONERS
AND
The State through
Tahsildar Aurad – B Dist. Bidar and another
...RESPONDENTS

AFFIDAVIT
I, Maharudrappa S/o Late Irshetty Babne Age: 70 years, Occ.:
Agriculture R/o village Santhpur Tq. Aurad – B Dist Bidar today at
Gulbarga do hereby solemnly state on oath and affirm as follows:

1. I am the petitioner in the above case and well conversant with the
facts of the case.

2. That the averments made in criminal petition may kindly be read


as part and parcel of this affidavit.

3. That the Hon’ble Court after hearing the matter be pleased to


quash the order passed by Taluka Executive Magistrate Aurad
(B) in File No. MAG/CR-04/11-12, in the interest of justice and
equity.

Place : Gulbarga
Date :
Identified by me

Advocate
No of corn( ) DEPONENT

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