IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8341 OF 2015 BETWEEN:
1. SRI. EARAIAH S/O LATE DASAPPA AGED 88 YEARS AGRICULTURIST BANNIKUPPE VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT - 562117 2. SRI KARIYAPPA S/O LATE NINGAPPA AGED 56 YEARS AGRICULTURIST KAKARAMANAHALLI, BIDADI HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT - 562117 (BY SRI: K.G. SADASHIVAIAH, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY PUBLIC PROSECUTOR IJURU POLICE, RAMANAGARA TALUK RAMANAGARA DISTRICT - 562117 ... PETITIONERS 2. THE ASSISTANT COMMISSIONER MINI VIDHANA SOUDHA, A C OFFICE B M ROAD, RAMANAGARA TOWN RAMANAGARA DISTRICT - 562117 ... RESPONDENTS (BY SRI: NASRULLA KHAN, HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR INITIATED BY THE 2nd RESPONDENT AND REGISTERED BY THE 1st RESPONDENT AGAINST THE PETR. IN CR.NO. 110/2015 DATED 09.09.2015 P/U/S 409, 120(B), 420, 466, 467, 468, 471, 166 R/W 34 OF IPC AND SEC. 192(A) OF THE KARNATAKA LAND REVENUE ACT.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners and the learned HCGP for respondents.
2. The only grievance made out by the petitioners is that, pursuant to the order No.Rajika/CCA/CR/06/2015-16 dated 07.09.2015 passed by the Deputy Commissioner, Ramanagara District, the respondent No.1– Police have registered a FIR in Crime No.110/2015 for the alleged offences punishable under sections 409, 120B, 420, 466, 467, 468, 471, 166 read with 34 of Indian Penal Code and section 192(A) of the Karnataka Land Revenue Act, 1964.
3. Learned counsel for the petitioners submits that the order passed by the Deputy Commissioner is challenged by the petitioners in Writ Petition No.47516-47517/2015 before this Court and the matter is under consideration. In view of this fact, the criminal prosecution initiated against the petitioners cannot be sustained.
4. Hence, initiation of proceedings in Crime No.110/2015 of Ijoor Police Station insofar as the petitioners are concerned is hereby quashed. Liberty is reserved to the respondent No.1/Police to proceed in the matter depending upon the final orders to be passed by this Court in W.P.Nos.47516- 47517/2015.
Petition stands disposed of accordingly.
Bss Sd/- JUDGE