IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7198/2012 BETWEEN:
Sri. C.A. Nandakumara S/o late Appanna, Aged about 61 years, R/at : Nellihudikere Village, Somawarpete Taluk, Kodagu District, Karnataka – 571 201. …Petitioner (By Sri.Shivakumar .H, Advocate for Sri. Prakash T. Hebbar, Advocate) AND:
1. State of Karnataka, Home Department, Vidhana Soudha, Bengaluru – 560 001.
2. The Revenue Inspector Kushalnagar, Somawarpete Taluk, Kodagu – 571 201.
3. The Inspector of Police Siddapura Police Station, Madikere District, Kodagu – 571 201. ...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 entire proceedings in CC No.789/2012 on the file of Additional C.J and JMFC, Madikeri.
This Criminal petition coming on for Hearing, this day, the Court made the following:
O R D E R Heard the learned counsel appearing for the petitioner and learned SPP-II appearing for respondent.
2. Based on the complaint lodged by the Tax Inspector of Kushalnagar, case was registered against the petitioner under Section 447 read with Section 34 of IPC and Section 192A of the Karnataka Land Revenue Act.
3. Learned counsel for the petitioner has placed reliance on the decision of this Court in Smt. Lalitha Shastry Vs. State of Karnataka reported in ILR 2008 KAR 4520 and would submit that the impugned proceedings having been initiated without compliance of the principles of natural justice and without affording an opportunity to the persons, is liable to be quashed.
4. Learned SPP-II appearing for the respondent submits that though notice was issued under Section 94 and 39 of the Karnataka Land Revenue Act, no enquiry was conducted and no opportunity was given to the petitioner. In view of the above facts and in the light of the law laid down by this Court in the above decision, the petition deserves to be allowed.
Accordingly, the petition is allowed. The impugned proceedings in C.C. No.789/2012 pending on the file of JMFC, Madikere are quashed. In the light of the judgment in Lalitha Shastry’s case supra, the matter is remanded to the Tashildar to proceed in accordance with law.
Sd/- JUDGE MBM