Allowed

Muniraju Reddy v. the State of Karnataka

Karnataka HC3 Nov 2020CRL.P/2155/2020

Case brief

AI extract

What is this about?

Criminal petition seeking quashing of FIR and proceedings for land grabbing offence. Court quashed proceedings as jurisdiction now lies with Special Courts under 2011 Act, allowing fresh complaint there.

What did the court decide?

Quashed proceedings in Crime No.39/2020 before Chief Metropolitan Magistrate; reserved liberty to State to file fresh complaint under Karnataka Land Grabbing Prohibition Act, 2011.

Muniraju Reddy Vs the State of Karnataka — Property and Title | Karnataka HC (2020)

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Crl.P.No.2155 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF NOVEMBER, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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CRIMINAL PETITION NO.2155 OF 2020

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BETWEEN:

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MUNIRAJU REDDY, S/O LATE RAMAREDDY, AGED ABOUT 71 YEARS, OCC: AGRICULTURIST,

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SMT.PADMAMMA, W/O MUNIRAJU REDDY, AGED ABOUT 56 YEARS,

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OCC: HOME MAKER,

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SMT.M.PREMA, D/O MUNIRAJU REDDY, AGED ABOUT 37 YEARS, OCC: HOME MAKER,

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SRI.M.RAGHU, S/O MUNIRAJU REDDY, AGED ABOUT 35 YEARS, OCC: BUSINESS,

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NARASIMHA REDDY, S/O MUNIRAJU REDDY, AGED ABOUT 35 YEARS, OCC: BUSINESS,

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ALL ARE RESIDING AT NO.75, SAMPIGEHALLI ROAD, CHOKKANAHALLI VILLAGE, BENGALURU NORTH TALUK, BENGALURU – 560 064. ... PETITIONERS

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Crl.P.No.2155 of 2020

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(BY SRI. BALAKRISHNA M.R., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY SAMPIGEHALLI POLICE STATION, BENGALURU CITY.

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REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.

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N.RAGHUMURTHY, AGE 52 YEARS, R/A YALHANKA TALUKU, THAHASILDAR OFFICE, BANGALORE – 560 064.`

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... RESPONDENTS

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(BY SRI.NAGESHWARAPPA K., HCGP FOR R1; R2 SERVED)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR AND CONTINUATION OF CRIMINAL PROCEEDINGS IN CR.NO.39/2020 DATED 01.03.2020 FOR ALLEGED OFFENCE P/U/S 192-A OF THE KARNATAKA LAND REVENUE ACT 1964, REGISTERED AND BEING INVESTIGATED BY THE RESPONDENT POLICE.

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THIS CRIMINAL PETITION COMING ON FOR HEARING, THROUGH VIDEO CONFERENCE, THIS DAY, THE COURT MADE THE FOLLOWING:

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Crl.P.No.2155 of 2020

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ORDER

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Sri.Nageshwarappa.K., learned HCGP accepts notice for respondent No.2.

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The petitioners are before this Court seeking for quashing of proceedings in Crime No.39/2020 dated 01.03.2020 for the offences punishable under Section 192-A of the Karnataka Land Revenue Act, 1964 now pending on the file of Chief Metropolitan Magistrate, Bangalore.

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On 01.03.2020, respondent No.2 who is the Tahasildar, Yelahanka Taluk Office, Bengaluru had filed a complaint before respondent No.1-Police.

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It is alleged that the petitioners had tried to sell gomaal land measuring 8 acres in Sy.No.75/4, situated at Chokknanahalli Village, Yalahanka, Bengaluru and further executed a sale agreement in favour of accused No.6. Though the respondent No.2/complainant had made several allegations

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Crl.P.No.2155 of 2020

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against the petitioners in the complaint, the issue which is required to be considered by this Court is whether a complaint filed under Section 192A of the Karnataka Land Revenue Act, 1964 can be continued in a criminal court subsequent to the coming into force of Karnataka Land Grabbing Prohibition Act, 2011 more so when Section 9(3) thereof specifically mandates that it is specially constituted Court under the said Act, which would

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have jurisdiction to try any matter relating to allegation under Section 192A of the said Act.

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Sri.Balakrishna M.R., learned counsel for the petitioner would submit that Section 192A came to be introduced by way of amendment under the Karnataka Land Revenue Act, 1964, by inserting Chapter 14A vide Amendment Act No.15 of 2007 which is deemed to have commenced on 11.12.2006. He submits that in respect of an alleged act of land grabbing or determination of

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Crl.P.No.2155 of 2020

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question of title and ownership are specified under Chapter 14A of Karnataka Land Revenue Act, 1964 subsequent to coming into force of Karnataka Land Grabbing Prohibition Act, 2011, Karnataka Act No.38 of 2014, all such offences would have to be tried by the Special Court constituted for the area in which the land grabbed is situated in terms of Section 9(3) of the said Act.

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In view thereof, I am of the considered opinion that the proceedings pending before the Chief Metropolitan Magistrate, Bengaluru in Crime No.39/2020 cannot continue.

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In view of the above, the proceedings in Crime No.39/2020 pending on the file of Chief Metropolitan Magistrate, Bengaluru are hereby quashed reserving liberty to the respondent – State to file fresh complaint under the Karnataka Land Grabbing Prohibition Act, 2011 which shall be taken up by the Special Court as if it is a continuance of

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Crl.P.No.2155 of 2020

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the proceedings without any adverse impact of limitation or otherwise.

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Sri.K.Nageshwarappa K., learned HCGP submits that the provisions of the Karnataka Land Grabbing Prohibition Act have been challenged before this Court. Hence, he seeks liberty to initiate proceedings against the petitioners under Section 192 of the Karnataka Land Revenue Act in the event of this Court quashing the Karnataka land Grabbing Prohibition Act. Liberty as sought for is reserved.

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Accordingly, petition is allowed.

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Sd/JUDGE

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SSD/Prs*

Muniraju Reddy v. the State of Karnataka

Case brief

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Muniraju Reddy v. the State of Karnataka

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