IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01st DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8550/2017 BETWEEN:
Smt. Shilpa, W/o. Harish Babu, Aged about 34 years, R/o Viveknagar, Near Plastic Factory, Shikaripura Town, Shikaripura – 577 427. …Petitioner (By Smt. Shwetha Ravishankar, Advocate) AND:
1. The State of Karnataka Shikaripura Rural Police Station, Shikaripura, Rep. by its State Public Prosecutor, High Court Building, Bengaluru – 560 001.
2. The Thasildhar Shikaripura Taluk, Shimoga District – 577 427. (By Sri. Dildar Shiralli, HCGP) … Respondents This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings initiated against the petitioner in C.C. No.526/2012 on the file of Judicial Magistrate First Class, Shikaripura for the offence punishable under Section 192A of Land Revenue Act by virtue of Annexure-A Charge Sheet filed by the respondent No.1 by allowing this petition.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R This petition is filed seeking to quash the proceedings in C.C.No.526/2012 on the file of the Judicial Magistrate First Class, Shikaripura, as well as the charge sheet laid against the petitioner for the offence punishable under Section 192(A) of the Karnataka Land Revenue Act.
2. Heard learned counsel for petitioner and learned HCGP for respondents.
3. Complainant/respondent No.2 lodged a complaint against the petitioner herein alleging that the petitioner herein planted stone crusher for the purpose of mining in the agricultural land bearing Sy.No.12/1, 12/2 and 12/3 of Baluru Village, Hosur Hobli, Shikaripura Taluk, measuring 2 acre 30 guntas, without obtaining permission from the competent authority, contrary to Section 96 of Karnataka Land Revenue Act.
4. Learned counsel for the petitioner submits that no notice has been given to her before initiation of criminal proceedings and that respondent no.2 has no power to initiate action against the petitioner under Section 96 of the Karnataka Land Revenue Act. He further submits that insofar as offence under Section 192(A) of the Karnataka Land Revenue Act, this court has taken a view that without issuing prior notice to the petitioner, registration of criminal case cannot be sustained. In support of his submission, learned counsel has placed reliance on the decision of this Court in the case of Smt. Lalitha Sastry Vs. State of Karnataka – ILR 2008 KAR 4520.
5. Having regard to the allegations made against the petitioner and in the light of the law expounded by this Court in Lalitha Sastry’s case, an opportunity is required to be afforded to the petitioner before initiating criminal prosecution for the alleged offence punishable under Section 192(A) of the Land Revenue Act.
6. Accordingly, the petition is allowed. Proceedings initiated against the petitioner in C.C.No.526/2014 on the file of JMFC, Shikaripura, for the alleged offence punishable under Sections 192(A) of Karnataka Land Revenue Act is quashed. Liberty is reserved to the revenue officials to take action in accordance with law for the offence, if any, committed in violation of Section 192(A) of Karnataka Land Revenue Act and liberty is also reserved to the complainant to take further action on the same cause of action by making complaint against any of the accused by making out ingredients of the offence, in accordance with law.
Sd/- JUDGE SV