IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5131/2014 BETWEEN:
SHRI G.S.SHIVA KUMAR S/O.LATE SIDDALINGAIAH AGED ABOUT 67 YEARS D.M.C.J. NILAYA, NO.1065 6TH MAIN ROAD, 3RD BLOCK 3RD STAGE, WEST OF CHORD ROAD BASAVESWARANAGAR BANGALORE-560 079 … PETITIONER (BY SRI CHANDRASHEKAR L., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY SARJAPURA POLICE STATION ANEKAL TALUK BANGALORE DISTRICT REPRESENED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BNAGLAORE-560 001 2. THE TAHASILDAR OFFICE OF THE TAHASILDAR ANEKAL TALUK BANGALORE URBAN DISTRICT BANGALORE-562 106 …RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP-II) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.164/2014 REGISTERED ON 14.08.2014 BY SARJAPURA POLICE STATION, ANEKAL TALUK, BANGALORE DISTRICT, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR. DN.) & JMFC, ANEKAL, BANGALORE RURAL DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 192(A) OF THE KARNATAKA LAND REVENUE ACT, 1964.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned SPP-II appearing on behalf of the respondents.
2. Proceedings are initiated against the petitioner and other accused persons based on the complaint lodged by the Tahasildar/respondent No.2 alleging that Renukacharya Education Society (hereinafter referred to as the ‘Society’) has encroached the karab land measuring 0.02 guntas measuring 2-09 guntas situated at Tindlu village.
3. It is noticed that even though the complaint is lodged against Renukacharya Education Society, FIR is registered only against the office bearers of the Society which is not in conformity with the allegations made in the FIR. In the wake of specific allegation that the alleged encroachment was made by the Society, the Society ought to have been made as accused No.1. Secondly, in view of the law laid down by this Court in Lalitha Sastry’s case, the Tahasildar was required to give an opportunity to the alleged encroachers in terms of the circular dated 08.09.2008 bearing No.RD 674 KGB 2008 issued by the Government.
In view of the above patent illegalities, the petition is allowed. The FIR registered in Crime No.164/2014 is quashed only in so far as the petitioner is concerned. The matter is remitted to the Tahasildar to proceed with the matter in accordance with the circular referred to above and in the light of the law laid down by this Court in Smt.Lalitha Sastry vs. State of Karnataka Rep. by its Secy, DPAL & Ors., reported in ILR 2008 KAR 4520 and report compliance of this order within two months.
Sd/- JUDGE LB