Allowed

R. M. Saleem Ulla v. the State of Karnataka

Karnataka HC13 Jan 2017CRL.P/178/2017

Case brief

AI extract

What is this about?

The Court allowed a criminal petition under Section 482 CrPC to quash proceedings under Section 192-A of the Karnataka Land Revenue Act. It held that prior show cause notice is mandatory and the absence thereof vitiates the proceedings, though fresh proceedings are not precluded.

What did the court decide?

The proceedings pending in Crime No.499/2015 before the Principal Civil Judge (Jr.Dn) & JMFC, Chitradurga were quashed. I.A.1/2017 was disposed of.

R. M. Saleem Ulla Vs the State of Karnataka — Property and Title | Karnataka HC (2017)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JANUARY 2017

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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CRIMINAL PETITION No.178 OF 2017

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BETWEEN:

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R.M.Saleem Ulla, Son of R. Abdul Gaffar Sab, Aged about 54 years, Occupation: Agriculturist, Resident of 49, IUDP Layout, 4^th Cross, near Krishna Lodge, N.H.4, Chitradurga – 577 501.

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…PETITIONER

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(By Shri Ravindra B. Deshpande,)

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AND:

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The State of Karnataka by Chitradurga Town Police Station, Chitradurga District – 577 501.

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(represented by State Public Prosecutor, High Court Buildings, Bengaluru – 560 001).

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Tahasildar/Taluka Magistrate,

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Taluka Office, Chitradurga Taluka, Chitradurga 577 501.

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…RESPONDENTS

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(By Shri B. Visweswaraiahi, Government Pleader)

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This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the FIR in Crime No.499/2015 of Chitradurga Town Police Station, Chitradurga District (registered for the offence punishable under Section 192A of the Karnataka Land Revenue Act 1964) pending on the fie of Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class Court, Chitradurga.

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This Criminal Petition coming on for Admission this day, the court made the following:

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O R D E R

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Heard the learned counsel for the petitioner. The learned

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Government Pleader is directed to take notice.

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It transpires that on 18.11.2015, the Tahsildar,

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Chitradurga Taluk had filed a complaint before the Chitradurga Town Police Station, registered as Crime No.499/2015 as

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against the petitioner, alleging offences punishable under Section 192-A of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as ‘the KLR Act’, for brevity).

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The allegations of the complainant were that the petitioner being the owner of land bearing Sy.No.78/4C5 of Kelagote village, Kasaba Hobli, Chitradurga Taluk, measuring 1 gunta which is said to be ‘phot kharab’ land, he had encroached part of the Government land and hence, he had committed an offence punishable under the aforesaid provision and the complaint was filed to take action against the accused. On the basis of the complaint, a case has been registered against the petitioner and he has been sent to the Jurisdictional Magistrate, which is pending investigation. Therefore, the present petition.

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It is contended that it is settled law that when there is allegation of an offence punishable under Section 192-A of the KLR Act, a show cause notice is mandatory before initiating the criminal proceedings. In the present case on hand, there is

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no such show cause notice and hence, it is contended that the proceedings are vitiated.

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The learned Government Pleader would submit that if

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there was no notice prior to initiation of the proceedings, it is held in more than one decision of this court that the proceedings

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are vitiated.

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Accordingly, the petition is allowed. The proceedings

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pending in Crime No.499/2015 on the file of the Principal Civil Judge (Jr.Dn) & JMFC, Chitradurga, is quashed. However, the

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Tahsildar is not precluded from initiating fresh proceedings, in accordance with law.

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I.A.1/2017 is disposed of as a consequence.

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Sd/-

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JUDGE

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R. M. Saleem Ulla v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

R. M. Saleem Ulla v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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