Nagarajappa S/O Late Tirukappa versus Manjunatha S/O Late Tirukappa - Order No: 1

**ORDERS ON APPLICATION U/s 175(3) OF BNSS. **

FILED BY THE Complainant

The Complainant has filed the present complaint against the Accused persons for the alleged offences punishable under sections 49, 3(5), 54, 61(2)(b), 336(2), 336(3), 318(2), 318(4) of BNS aND has prayed to take cognizance aND call upon the Accused aND convict them for the said offences.

2. The learned counsel for the Complainant has also filed the application U/s 175(3) of BNSS. along with affidavit of Complainant aND it is prayed to refer the case to the jurisdictional Police Station for investigation.
3. In the affidavit annexed to the application it is stated that the Accused persons have committed the alleged offences aND created Will. Further it is stated that he has complied with the mandate of Section 173 of BNSS. , Further affidavit is also filed in support of the case of Complainant. Hence, pray to refer the case to the police for investigation.

4. Heard learned counsel for the Complainant. Perused the materials on record.
5. This Court has perused the Written Complaint aND the documents filed along with it. Case of the Complainant speaks of a serious allegation of forging a document aND using it as a genuine document for making illegal gains. Offences of this nature requires thorough investigation by the Police aND examination of the document by experts. At this stage, primafacie case made out for the above alleged offences to direct an investigation, hence the application filed by the Complainant can be allowed. Hence, I proceed to pass following;

ORDER

The application filed by the Complainant U/s 156(3) of Cr. P. C. is allowed. The complaint is referred to the Jurisdictional Police Station i. e. , PSI of Gandhi Nagara Police Station to conduct investigation aND to file a final report on the same at the earliest. Office is directed to seND the copy of complaint to the PSI of Gandhi Nagara Police Station forthwith for investigation. Await report. Call on 28052025

**4 th Addl. Civil Judge & JMFC DAVANGERE. **

PS: Copyright: eCourtsIndia.com. AI-enhanced; accuracy may vary.

References: Case Number - P.C.R./491/2024 | Case Type - P.C.R. | CNR Number - KADG030085482024 | Complex Name - Prl. Civil JUDGE AND JMFC, DAVANGERE | Court Name - 1113-smt NAZIA KOUSER-IV ADDL CIVIL JUDGE AND JMFC DAVANGERE | Filing Date - 22-10-2024 | Judge Name - 1113-Iv Addl Civil Judge And Jmfc Davangere | List Date - 2025-05-28 | Order Date - 2025-03-27 | Order Number - 1 | Petitioner Advocates - Shashikala M N | Petitioner Parties - Nagarajappa S/O Late Tirukappa Advocate - Shashikala M N | Respondent Parties - Manjunatha S/O Late Tirukappa2) Hanumakka W/O Manjunatha 3) Mahadevappa S/O Channappa 4) Eshwarappa 5) Shivappa 6) Anjinappa S/O Hanumanthappa | Status - Summons