IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2014 OF 2014 BETWEEN:
1. SIDDALINGE GOWDA S/O MAYIGOWDA @ CHIKKMAYIGOWDA AGED ABOUT 51 YEARS OCC: POLICE CONSTABLI 2. MAYANNA S/O MAYIGOWDA @ CHIKKMAYIGOWDA AGED ABOUT 71 YEARS OCC: AGRICULTURIST 3. CHANNEGOWDA S/O MAYIGOWDA @ CHIKKMAYIGOWDA AGED ABOUT 61 YEARS OCC: AGRICULTURIST 4. MADEGOWDA S/O MAYIGOWDA @ CHIKKMAYIGOWDA AGED ABOUT 56 YEARS OCC: AGRICULTURIST ALL ARE R/O CHIKKEGOWDANAHUNDI VILLAGE VARUNA HOBLI MYSORE TALUK & DISTRICT.
... PETITIONERS (BY SRI.V.LAXMINARAYAN, SENIOR ADVOCATE FOR SRI.P.MAHESHA, ADVOCATE) AND:
1. STATE BY JAYALAKSHMIPURAM POLICE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 009.
2. SRI. KYATHE GOWDA SU-INSPECTOR OF POLICE JAYALAKSHMIPURAM POLICE STATION MYSORE CITY.
3. SIDDEGOWDA S/O LATE SIDDEGOWDA MAJOR MARASE VILLAGE MYSORE TALUK & DISTRICT – 570 001.
... RESPONDENTS (BY SRI.NASRULLA KHAN, HCGP FOR R1 AND R2 SRI.L.SUDHARSHAN, ADVOCATE FOR R3) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO SET ASIDE THE CRIMINAL PROCEEDINGS AND CHARGE SHEET IN C.C.NO.435/2013 ON THE FILE OF IV ADDL. C.J. (JR. DN.) AND J.M.F.C., MYSORE REGISTERED AGAINST THE PETRS. VIDE ANNEXURE-G.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned Senior counsel for the petitioners and the learned counsel for the respondents. Perused the records.
2. Petitioners have sought to quash the proceedings initiated against them in C.C.No.435/2013 for the offences punishable under Sections 465, 468, 471, 420, 109 of IPC.
3. Learned Senior counsel for the petitioners has urged the following contentions:
Firstly, he submits that the allegations made in the complaint as well as in the charge sheet are purely civil in nature. The allegations made against the petitioners are that the petitioners herein changed the khata of the property comprised in Sy.No.98/1 measuring 1 acre 29 guntas by falsely representing themselves as LRs of Chikka Mayigowda. The mutation was challenged by the complainant before the Assistant Commissioner and the Assistant Commissioner by its order dated 28.03.2011 in proceedings No.RRT(Appeal) No.198/06-07 directed the parties to approach the Civil Court for resolution of the disputes. This order makes it evident that the dispute is civil in nature, hence, invocation of criminal process is an abuse of process of Court.
Secondly, he contends that going by the averments made in the complaint, cause of action for investigation and trial has arisen within the limits of Nazarabad Police Station, whereas the complaint in question was registered in Jayalakshmipuram Police Station which had no territorial jurisdiction to investigate into the matter and therefore, the proceedings initiated against the petitioners being contrary to the provisions of Section 177 of Cr.P.C., the same are liable to be quashed in exercise of the jurisdiction under Section 482 of Cr.P.C.
4. Learned counsel for the respondents submits that the documents submitted before the Tahsildar of Jayalakshmipuram have given rise to the prosecution of the petitioners. The manipulation of documents having taken place within the limits of Jayalakshmipuram Police Station, there is no illegality whatsoever in the registration and investigation of the case by the respondent-police. On merits of the case, learned counsel for the respondents submits that the material collected by the Investigating Agency prima facie disclose that the petitioners have described themselves as LRs of Mayigowda, whereas in the instant case, only to create right in respect of the properties belonging to the complainant, they have represented themselves as LRs of Mayigowda @ Chikka Mayigowda and managed to change the katha in their names and therefore, the material collected by the Investigating Agency prima facie make out the ingredients of the offences alleged in the FIR and therefore, there is no ground to quash the proceedings.
5. Considering the rival submissions and going through the material on record, I find that even though the subject matter of the dispute relates to change of katha, yet the submissions made in the complaint and the material collected by the Investigating Agency leads to an inference that the petitioners have falsely represented themselves as children of Chikka Mayigowda and obtained the khata certificates and therefore, it cannot be said that the dispute in question is purely civil in nature. As a result, first contention urged by the learned Senior Counsel for the petitioners is rejected. Even with regard to the jurisdiction is concerned, from the facts noted above, it is apparent that part of the cause of action has arisen within the limits of Jayalakshmipuram Police Station. Even otherwise, the said contention is based on the disputed question of facts and requires to be decided on the basis of the documents and relevant notifications. As a result, liberty is reserved to the petitioners to agitate the issue of the territorial jurisdiction before the trial Court. Accordingly, this petition is dismissed.
Any observations made in the course of this order shall not influence the trial Court or the Civil Court dealing with the dispute in question.
Prs* Sd/- JUDGE