Temple property transferred with fake documents: Civil suit & criminal complaint maintanable: HC
Bengaluru (PTI): The High Court of Karnataka has held that both a civil suit and a criminal complaint are maintainable in a case where forged documents were allegedly used to transfer the property of a temple.
Y N Sreenivasa and his wife Suraksha had approached the HC challenging a criminal complaint filed against them by Latha Manjari and her son Y A Chetan Kumar.
It was claimed in the complaint that the husband of Latha -- L N Ashwathama -- and Sreenivasa jointly owned one acre 11 guntas land (40 guntas make one acre).
The Bangalore Development Authority (BDA) acquired this land leaving out 14 guntas.
A temple was built on this land which was managed by Ashwathama and Sreenivasa. Ashwathama died on October 30, 2010.
It is alleged that in 2018, Sreenivasa executed a gift deed of a portion of this land in the name of his wife Suraksha and another portion in the name of his son.
Later, an absolute sale deed was executed by the Trust represented by the husband and wife in favour of their son on March 31, 2018. Allegedly fabricated 'khatha' certificate, fabricated tax-paid certificate were used to register this deed.
A criminal complaint was filed under Sections 419, 420, 468 and 471 of the Indian Penal Code (IPC) in the Sanjay Nagar police station. These are related to cheating, cheating by personation, forgery and using forged documents.
In the HC, Sreenivasa and Suraksha contended that a civil suit over the same issue was pending before a civil court and therefore a criminal case on the same ground could not have been initiated.
However, Justice Suraj Govindaraj said in his recent judgement that both were maintainable.
The petition had also challenged the criminal complaint on the ground that since the sub-registrar was the aggrieved party, only he can file a criminal complaint under Section 177 of the IPC which deals with fabricated documents presented to a civil servant.
The HC however, pointed out that only in respect of Section 177 a complaint has to be filed by a civil servant who is affected. But complaints regarding other sections of the IPC would not be affected.
"A private individual would not be barred from initiating proceedings under Section 419, 420, 468 and 471 of the IPC on account of fabrication having occurred before a sub-registrar, which is a separate offence under Section 177 of IPC," the HC said.
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BPSC exam row: Prashant Kishor, on hunger strike, arrested
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Patna (PTI): Jan Suraaj founder Prashant Kishor, who was on a fast unto death at Gandhi Maidan here to press the demand for cancellation of a Bihar PSC exam, was arrested early on Monday, police said.
Police personnel removed him and his supporters from the protest site as they were holding the demonstration near a restricted area, and thus it was "illegal", a senior officer said.
Kishor was arrested on the fifth day of his fast-unto-death protest over an alleged question paper leak in the December 13 examination conducted by Bihar PSC.
According to Jan Suraaj party's supporters, the police took Kishor to Patna AIIMS for a medical examination.
Talking to PTI, Patna District Magistrate (DM) Chandrashekhar Singh said, "Yes, Kishor and his supporters, who were sitting on a dharna at Gandhi Maidan, were arrested by the police on Monday morning. They will now be produced before a court."
Their demonstration was "illegal", he said, adding that they were holding the sit-in near the restricted site.
“Despite repeated requests by the officials concerned, they did not leave the place. They had also been served notice by the district administration to shift their dharna to Gardani Bagh, the dedicated place for holding protests, in the state capital," the DM said.
The Patna Police had registered a case against Kishor for holding the fast unto death at Gandhi Maidan’s restricted site, another official said.
The district administration also issued a statement, claiming that the "Kishor is absolutely fine".
Immediately after his arrest, the poll strategist-turned-politician was taken to Patna AIIMS for a medical check-up.
When Kishor was being taken out from the AIIMS in an ambulance, his supporters tried to block the road outside the hospital.
A "mild force was used to disperse Kishor’s supporters who gathered outside AIIMS and tried to disrupt traffic movement", said a senior police officer.
Kishor began his fast unto death on January 2 in support of the civil service aspirants who have been demanding the cancellation of the Bihar Public Service Commission (BPSC) examination held on December 13 last year.
However, the BPSC had ordered the retest for a select group of candidates who had appeared in the December 13 exam, which was embroiled over allegations of question paper leak.
The retest was held on January 4 at 22 centres here.
Of 12,012 candidates, around 8,111 aspirants had downloaded their admit cards for the re-exam.
However, 5,943 candidates appeared for the retest last week.
The retest was held peacefully at all centres without report of any misconduct and malpractice, the BPSC said in a statement issued on Saturday.
