IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION Nos.4787/2016 C/W 4788, 4789 AND 4790 OF 2016 IN CRL.P. 4787/2016: BETWEEN:
THIMMEGOWDA S/O KARI GOWDA, AGED ABOUT 50 YEARS, R/O BOOCHAHALLI VILLAGE, BILIKERE (HO), HUNSUR TALUK, MYSORE DISTRICT – 571105.
(BY SRI.A.H.BHAGAVAN, ADV.) AND:
1. STATE OF KARNTAKA BY HUNSUR TOWN POLICE, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU – 560 001.
2. DEVARAJU, REVENUE INSPECTOR, BILIKERE (HO), .. PETITIONER HUNSUR TALUK, MYSORE DISTRICT-571105 .. RESPONDENTS (BY SRI.I.S.PRAMOD CHANDRA, SPP-II) THIS CRIMINAL PETITION IS FILED U/S 482 Cr.P.C. PRAYING TO QUASH THE FIR/COMPLAINT IN CRIME NO.141 /2016 OF HUNSUR TOWN POLICE, HUNSUR FOR THE OFFENCE P/U/S 417, 465, 466, 471, 162 AND 469 OF IPC AND R/W 192(A) OF KLR ACT, PENDING ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT, HUNSUR, MYSORE DISTRICT.
IN CRL.P.No.4788/2016:
MOGANNEGOWDA.B.K S/O KARI GOWDA, AGED ABOUT 43 YEARS, R/O BOOCHAHALLI VILLAGE, BILIKERE (HO), HUNSUR TALUK, MYSORE DISTRICT – 571105.
.. PETITIONER (BY SRI.A.H.BHAGAVAN, ADV.) AND:
1. STATE OF KARNTAKA BY HUNSUR TOWN POLICE, REP. BY THE SPP HIGH COURT BUILDINGS, BENGALURU – 560 001.
2. DEVARAJ, REVENUE INSPECTOR, BILIKERE (HO), HUNSUR TALUK, MYSORE DISTRICT-571105 .. RESPONDENTS (BY SRI.I.S.PRAMOD CHANDRA, SPP-II) THIS CRIMINAL PETITION IS FILED U/S 482 Cr.P.C. PRAYING TO QUASH THE FIR/COMPLAINT IN CRIME NO.143/2016 OF HUNSUR TOWN POLICE, HUNSUR FOR THE OFFENCE P/U/S 417, 465, 466, 471, 162 AND 469 OF IPC AND R/W 192(A) OF KLR ACT, PENDING ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT, HUNSUR, MYSORE DISTRICT.
IN CRL.P.No.4789/2016:
MOGANNEGOWDA.B.K S/O KARI GOWDA, AGED ABOUT 43 YEARS, R/O BOOCHAHALLI VILLAGE, BILIKERE (HO), HUNSUR TALUK, MYSORE DISTRICT – 571105.
.. PETITIONER (BY SRI.A.H.BHAGAVAN, ADV.) AND:
1. STATE OF KARNTAKA BY HUNSUR TOWN POLICE, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU – 560 001.
2. DEVARAJ, REVENUE INSPECTOR, BILIKERE (HO), HUNSUR TALUK, MYSORE DISTRICT-571105 .. RESPONDENTS (BY SRI.I.S.PRAMOD CHANDRA, SPP-II) THIS CRIMINAL PETITION IS FILED U/S 482 Cr.P.C. PRAYING TO QUASH THE FIR/COMPLAINT IN CRIME NO.144/2016 OF HUNSUR TOWN POLICE, HUNSUR FOR THE OFFENCE P/U/S 417, 465, 466, 471, 162 AND 469 OF IPC AND R/W 192(A) OF KLR ACT, PENDING ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT, HUNSUR, MYSORE DISTRICT.
IN CRL.P.No.4790/2016:
LAKSHMANNEGOWDA.B S/O KARI GOWDA, AGED ABOUT 41 YEARS, R/O BOOCHAHALLI VILLAGE, BILIKERE (HO), HUNSUR TALUK, MYSORE DISTRICT – 571105.
.. PETITIONER (BY SRI.A.H.BHAGAVAN, ADV.) AND:
1. STATE OF KARNTAKA BY HUNSUR TOWN POLICE, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU – 560 001.
2. DEVARAJ, REVENUE INSPECTOR, BILIKERE (HO), HUNSUR TALUK, MYSORE DISTRICT-571105 .. RESPONDENTS (BY SRI.I.S.PRAMOD CHANDRA, SPP-II) THIS CRIMINAL PETITION IS FILED U/S 482 Cr.P.C. PRAYING TO QUASH THE FIR/COMPLAINT IN CRIME NO.145/2016 OF HUNSUR TOWN POLICE, HUNSUR FOR THE OFFENCE P/U/S 417, 465, 466, 471, 162 AND 469 OF IPC AND R/W 192(A) OF KLR ACT, PENDING ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT, HUNSUR, MYSORE DISTRICT.
THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and learned SPP-II for respondent No.1 and perused the records.
2. In all these petitions, the respective petitioners have sought to quash the FIRs registered against them in Crime Nos.141, 143, 144 and 145 of 2016 for the offences punishable under Section 417, 465, 466, 471, 162 and 469 of IPC and read with Section 192(A) of KLR ACT.
3. The said FIRs were registered based on the complaint lodged by the Revenue Inspector of Bilikere Hobli pursuant to the orders passed by the Asst. Commissioner, Hunsur Sub-division in proceedings No.
LND (Form-53) 105, 82, 83, 84, 85, 86/2011-12 DATED 30.5.2012.
4. Learned counsel for the petitioner submits that the impugned proceedings suffer from two basic infirmities and legal flaws. Firstly, the impugned proceedings are initiated primarily for the offences under Section 192-A of the KLR Act contrary to the law laid down by this Court in the case of Smt. Lalitha Shastry –vs- State of Karnataka, represented by its Secretary Department of Parliamentary Affairs and Legislation and Others reported in ILR 2008 KAR 4520. Secondly, he contends that the complaint was lodged pursuant to the orders passed in proceedings No. LND (Form-53) 105, 82, 83, 84, 85, 86/2011-12 DATED 30.5.2012.
The said proceedings are set-aside by the Division Bench of this High Court in W.A. Nos.4037-39/2013 (KLR-RR-SUR) DD 23.10.2013 and the matter was remanded to the Asst. Commissioner for fresh consideration in accordance with law.
5. Learned SPP-II appearing for the respondent does not dispute the fact that an opportunity as contemplated under the Circular bearing No.RD.674 LGB 2008 dated 8.09.2008 was not provided to the petitioners and further, he also does not dispute the fact that the Division Bench of this Court has set-aside the orders passed by the Asst. Commissioner in proceedings No. LND (Form-53) 105, 82, 83, 84, 85, 86/2011-12 dated 30.5.2012, which have given rise to the instant complaints.
6. In view of the above facts, all these FIRs registered against the respective petitioners are liable to be quashed.
Accordingly, Criminal Petition Nos.4787, 4788, 4789 and 4790 of 2016 are allowed. FIRs registered against the petitioners in Crime Nos.141, 143, 144 and 145 of 2016 are quashed.
Liberty is reserved to the Tahsildar to take action as ordered in the Writ Appeal Nos.4037-39/2013.
In view of dismissal of these petitions IA-1/2016 in each of the petitions stand dismissed.
Sd/- JUDGE ln.