IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.8574 OF 2018 BETWEEN:
SRI. J.VISHNU, S/O P.JAYAVELU, AGED ABOUT 37 YEARS, RESIDING AT NO.A-101, K.P.HARMONY APARTMENT, RAM MURTHY NAGAR, BENGALURU CITY, KARNATAKA – 560 016. …PETITIONER (BY SHRI. S.A.AHMED, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, HENNUR POLICE STATION, BENGALURU DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
2. THE THASILDAR, BENGALURU EAST TALUK, K.R.PURAM, BENGALURU – 560 036.
(BY SHRI. NASRULLA KHAN, HCGP) … RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE COMPLAINT DATED 12.10.2012 FILED BY RESPONDENT NO.2 WITH RESPONDENT NO.1 AT ANNEXURE – B AND THE IMPUGNED FIR NO.294/2012, DATED 16.10.2012 FILED BY THE 1ST RESPONDENT IN CRIME NO.294/2012 FOR THE OFFENCE P/U/S 447 OF THE IPC BEFORE THE XI ACMM, MAYO HALL AT BANGALORE AT ANNEXURE – A AND CHARGE SHEET AT ANNEXURE – C AND ENTIRE PROCEEDINGS IN C.C.NO.50750/2015, PENDING IN THE COURT OF THE XI ACMM, MAYO HALL AT BANGALORE, TO THE EXTENT OF PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Tahsildar, Bengaluru East Taluk got registered FIR No.294/2012 on 16.10.2012 in Hennur Police Station alleging that as per the report of the Revenue Inspector, petitioner has encroached Government Land (Raja Kaluve).
2. Shri.S.A.Ahmed, learned advocate for the petitioner submits that no notice was issued before filing the FIR.
3. Placing reliance on Smt.Lalitha Sastry Vs.
State of Karnataka1, learned advocate argued that the alleged offence, if at all falls under Section 192-A of Karnataka Land Revenue Act, 1964, in view of law laid down by this Court, a notice granting 15 days to file objections is necessary.
4. Shri.Nasrulla Khan, learned High Court Government Pleader in his usual fairness does not dispute the facts narrated by learned advocate for the petitioner.
5. I have carefully considered the rival contentions and perused the records.
1 ILR 2008 Kar 4520 6. In Smt.Lalitha Sastry’s case (supra), at Paragraph No.4, it is held as follows:
“4. From the aforesaid circular it is clear the Government is now convinced that an opportunity should be given to all those alleged encroachers of Government land before any proceedings are initiated under Section 192A of the Act. In fact it stipulates a procedure under which a show cause notice is to be given calling upon those alleged encroachers to file their objections within 15 days. If no objections are received authorities are called upon to visit the spot, conduct a Mahazar in the presence of the villagers, obtain their signatures and thereafter to initiate criminal proceedings if they are satisfied that there is encroachment. In the event of alleged encroachers producing documents to examine the same and only in the event of the said documents are found to be fabricated or duplicate, to initiate proceedings under Section 192A of the Act. In fact the said procedure contemplated by the Government satisfy the requirement of principles of natural justice, an opportunity is given to these persons to realize whether they have occupied a Government land and if they are convinced to surrender possession to avoid criminal prosecution. That would meet the ends of justice. In that view of the matter, as the criminal prosecution is launched against all these petitioners without affording an opportunity to have their say and in the light of the circular which is passed by the Government, these proceedings cannot be sustained.”
(Emphasis supplied) 7. Admittedly, the Tahsildar has stated in his complaint that the petitioner has occupied the Raja Kaluve. Therefore, learned advocate for the petitioner is right in his submission that the offence falls under Section 192-A of the Karnataka Land Revenue Act.
8. In view of the law laid down by this Court, the registration of FIR is unsustainable. Hence, the following;
ORDER Petition is allowed. FIR No.294/2012 registered on 16.10.2012 in Hennur Police Station which culminated into CC No.50750/2015 pending on the file of XI Additional Chief Metropolitan Magistrate Court, Mayo Hall, Bengaluru are hereby quashed. Liberty is granted to the State to initiate proceedings in accordance with law.
No costs.
Sd/-
JUDGE GH