IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.1770 OF 2019 Between:
B. Prabhakara Aged about 55 years S/o B. Chandrashekarappa Chennakeshava Nagar Shikaripura Shivamogga District – 577 202 (By Sri. Vinaya Keerthy M., Advocate) And:
Chief Administrative Officer District & Sessions Court Shivamogga – 577 202 …Petitioner ...Respondent This Criminal Petition is filed under Section 482 of Cr.P.C. praying to set aside the proceedings against the petitioner in C.C.No.1124/2016 before the J.M.F.C-II, Shivamogga for the alleged offence punishable under Section 193 of IPC.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER In the instant petition, the petitioner has sought for the following reliefs:
‘Wherefore, the Petitioner humbly prays that this Hon’ble Court be pleased to set aside the proceedings against the Petitioner in CC 1124/16 before the learned JMFC-II, Shivamogga for the alleged offence under Section 193 IPC, in the interest of justice.’ 2. The petitioner is stated to be the owner of the land in Sy.No.194/3-A measuring 39 guntas situated at Gama Village, Shikaripura Taluk, Shivamogga District. He is stated to have filed an application for conversion of the agricultural land to that of non-agricultural land, which was pending consideration before the Deputy Commissioner, Shivamogga District. Consequently, it was forwarded to the Assistant Director, Town Planning, Shivamogga District for taking further action and also for submission of technical report. Whereas, the Assistant Director, by name, Smt.V.R.Rajashree is stated to have demanded for illegal gratification of Rs.10,000/- for conducting spot inspection and for submission of technical report. Since the petitioner was not willing to pay illegal gratification to the concerned officer, consequently, he filed a complaint. Thus, trap proceedings were held by the jurisdictional Lokayuktha (Police) and the said case ended in conviction.
3. Thereafter, the respondent initiated criminal proceedings against the petitioner in C.C.No.1124/2016 for the offence punishable under Section 193 of Indian Penal Code before the JMFC, Shivamogga on the ground that the petitioner has given contrary statements during his cross-examination before the Lokayuktha. In this backdrop, the petitioner has presented this petition seeking to set-aside the aforesaid case filed by the respondent before the JMFC, Shivamogga.
4. Except stating that the petitioner is suffering from paralysis since 2006, no other contention has been urged in the present petition. Consequently, the petitioner has not made out a case. Accordingly, the criminal petition stands dismissed.
5. In view of the disposal of the main petition, I.A.No.1/2019 does not survive for consideration. Accordingly, the same is dismissed.
Sd/- JUDGE dn/-