IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2424/2015 BETWEEN:
SRI LOKESH S/O. LATE CHINNAPPA AGED ABOUT 34 YEARS R/AT NO.16, HESARAGHATTA ROAD VADERAHALLI VIDYARANYAPURA BENGALURU NORTH TALUK BENGALURU-560 097 … PETITIONER (BY SRI MANJUNATHA H.A., ADVOCATE) AND:
1. STATE BY STATION HOUSE OFFICER VIDYARANYAPURA POLICE STATION YESHWANTHAPURA SUB-DIVISION BENGALURU-560 097 2. BALAPPA HANDUGURDA TAHASILDAR BENGALURU NORTH (ADDL.) TALUK, YELAHANKA BENGALURU-560 022 …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 PROCEEDINGS INITIATED BY THE FIRST RESPONDENT ON THE BASIS OF WRITTEN COMPLAINT LODGED BY THE SECOND RESPONDENT IN CRIME NO.305/2014 FOR AN OFFENCE UNDER SECTION 192(a) OF THE KARNATAKA LAND REVENUE AMENDMENT ACT, 2007 AND UNDER SECTION 447 OF IPC OF VIDYARANYAPURA POLICE STATION, PENDING ON THE FILE OF IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned SPP-II appearing on behalf of the respondents.
2. Criminal action is initiated against the petitioner and the other accused based on the complaint lodged by the Tahasildar/respondent No.2 alleging that the petitioner herein and the other accused persons have encroached the gomal land measuring 1.30 guntas situated at Vaderahalli village, Yelahanka Hobli.
3. In view of the law laid down by this Court in Smt.Lalitha Sastry’s case, the Tahasildar was required to give an opportunity to the alleged encroacher-the petitioner herein in terms of the circular dated 08.09.2008 bearing No.RD 674 KGB 2008 issued by the Government.
As the impugned proceedings are initiated in violation of the principles laid down in the above decision, the petition is allowed. The FIR registered in Crime No.305/2014 is quashed only in so far as the petitioner is concerned. The matter is remitted to the Tahasildar to proceed with the matter in accordance with the circular referred to above and in the light of the law laid down by this Court in Smt.Lalitha Sastry vs. State of Karnataka Rep. by its Secy, DPAL & Ors., reported in ILR 2008 KAR 4520 and to report compliance within two months.
Sd/- JUDGE LB