- 1 - NC: 2025:KHC:9124 CRL.P No. 2646 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2646 OF 2022 BETWEEN: A AMEERJAN, S/O KHUTUBUDDIN KHAN, AGED ABOUT 76 YEARS, R/A NO.11, JEREMIAH CROSS, MOSQUE ROAD, FRAZER TOWN, BENGALURU-560005. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI JEEVAN KUMAR B S, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH HENNUR POLICE STATION, BANASWADI SUB DIVISION, REPRESENTED BY SENIOR PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU--560001. 2. GANESHAN, S/O SUNDARESAN, AGED ABOUT 51 YEARS, R/A NO.103, THIRUMALA APARTMENT, NEAR HEMAGIRI MEADOWS, KALENA AGRAHARA, GOTTIGERE, BENGALURU-560083. …RESPONDENTS (BY SMT RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER PENDING ON THE FILE OF THE XI ADDITIONAL CHIEF Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:9124 CRL.P No. 2646 of 2022 METROPOLITAN MAGISTRATE BENGALURU IN C.C.NO. 51267/2021 U/S. 143, 447, 427, 506, 120(B) R/W 149 OF IPC, PRODUCED AT ANNEXURE-A TO THE CRIMINAL PETITION. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner is before this Court in this petition preferred under Section 482 of Cr.P.C. praying to quash the entire proceedings pending on the file of XI Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.51267/2021. 2. Heard and perused the materials placed on record. 3. The complainant/respondent No.2 claims to be the owner in possession and enjoyment of property situated in Sy.No.156/1 of Nagawara village, measuring 40x 60 feet. It is stated that he had put-up a compound wall and shed in the said property and paid tax to the concerned authorities. - 3 - NC: 2025:KHC:9124 CRL.P No. 2646 of 2022 4. It is alleged that the accused persons have criminally conspired to knock-off complainant's property and illegally demolished the compound wall and shed. When he came to know about the same, he rushed to the place and at that time, the accused threatened him with dire consequences and attempted to kill him and his wife. It is alleged that due to the incident, complainant has suffered loss to the tune of Rs.10 lakhs. 5. Learned counsel for the petitioner would contend that there is an inordinate delay in lodging the complaint and no explanation is forthcoming as to why the complaint was lodged belatedly. It is further contended that in the charge sheet, there are no independent witnesses cited, except the mahazar witnesses and Police officials and the entire allegation that the petitioner is involved in the commission of the offence is without any basis. It is submitted that the petitioner has undergone Renal Transplantation in the year 2011 which was unsuccessful and since then, he is unable to move around and therefore, the allegation that the petitioner - 4 - NC: 2025:KHC:9124 CRL.P No. 2646 of 2022 has committed the offence is without any substance and cannot be believed. 6. According to the complainant, he is the owner of the property in question, wherein he had put-up a compound wall. He has stated that he is residing at Arakere, Bannerghatta road, which is far away from Nagawara, where the property is situated. It is alleged that the accused persons have criminally conspired to knock-off the property and illegally demolished the compound wall and the shed put-up in the property. 7. The complaint is lodged on 19.09.2018. Merely because there is delay in lodging the complaint, it cannot be said at this stage that the allegations are false. The complainant has stated that he was residing far away from the place of incident and as soon as he came to know about the incident, he rushed to the place and at that time the accused threatened him and attempted on his life. 8. The contention raised by the learned counsel for the petitioner that the petitioner has undergone Renal - 5 - NC: 2025:KHC:9124 CRL.P No. 2646 of 2022 Transplantation and therefore he could not have committed the offence cannot be accepted at this stage. Police have filed charge sheet after collecting materials which substantiated the complaint allegations. It is for the prosecution to establish its case before the Trial Court. 9. Since the charge sheet is filed in this case, it is open for the petitioner to seek discharge before the Trial Court by filing appropriate application. 10. With the above observation, the Petition is dismissed. 11. The observations made herein is confined to the disposal of this petition. Sd/- (MOHAMMAD NAWAZ) JUDGE GVP List No.: 1 Sl No.: 17