HC stays criminal case initiated against Byrathi Basavaraj

Opposition has been demanding his resignation based on this case

In a relief to Minister Byrathi Basavaraj and two others, the High Court of Karnataka on Tuesday stayed further proceedings in a criminal case initiated against him by a special court on a private complaint of alleged forgery and fabrication in registration of a partition deed and a sale deed of a private land at Kalkere village in Bengaluru East taluk way back in 2003.

The criminal proceedings against Mr. Basavaraj has rocked the ongoing session of the State legislature in Belagavi with the Opposition demanding his resignation. A Bench of Justice S. Sunil Dutt Yadav passed the interim order of staying further proceedings before the special court on a petition filed by Madappa, 83, Shankar, and Mr. Basavaraj.

The petitioners had questioned the special court’s September 9, 2021, order of rejecting the ‘B’ report filed by the jurisdictional police and November 25, 2021 order of issuance of summons to them.

The special court had in 2018 ordered registration of an FIR against them based on a private complaint lodged by one A. Madappa of Kalkere. The complainant had made allegations against 83-year-old Madappa and Pillamadhappa, 75, both cousins of the complainant, Mr. Basavaraj, Mr. Shankar, and Arun V. Kalguchkar, a retired sub-registrar who was serving in K.R. Puram during 2003.

It was alleged in the complaint that partition deed amongst the family members and the subsequent sale deed (related to some portion of land in the partition deed), which is registered in favour of Mr. Basavaraj in 2003 were, fabricated with forged signatures of his father, Annaiyyappa.

However, the petitioners have contended that “the complainant has systematically and conveniently suppressed the quashing of all his earlier complaints and the present complaint is a clear case of abuse of the process of law and also against the judgment and decree suffered by him in the civil suits earlier.” It has been pointed out in the petition that two suits filed by the complaint questioning the genuineness of the partition deed were dismissed by the civil court, the complainant, during deposition before the civil court, had admitted that several parcels of land were allotted to his share in the partition deed.

Also, the petitioners have contended that the complainant had lodged a series of private complaints against them in 2012 in relation to same land, questioning the genuineness of the general power of attorney. The police, after conducting investigation by registering an FIR on the orders the magistrate court, had found that signatures were genuine based the results of forensic examinations.

The criminal proceedings initiated based on 2012 complaints were quashed by the High Court in 2020, and all these facts were suppressed in the complaint lodged in 2018, it has been alleged in the petition.

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