Allowed

Sri. Y. Sampath Kumar v. the State of Karnataka

Karnataka HC4 Mar 2021WP/3073/2021

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking to quash criminal proceedings under Section 192(A) of the Karnataka Land Revenue Act, 1964 initiated without prior notice. Relying on a 2008 judgment and a government notification requiring notice before action, the Court allowed the petition and quashed the proceedings, granting the State liberty to proceed after giving notice.

What did the court decide?

The proceedings initiated against the petitioner in Crime No.2/2021 of Bethamangala Police filed against the Additional Civil Judge (Sr. Dn) and CJM Court, Kolar District, K.G.F., are hereby quashed.

Sri. Y. Sampath Kumar Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF MARCH, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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WRIT PETITION No.3073/2021 (GM-RES)

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BETWEEN:

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SRI. Y. SAMPATH KUMAR S/O. N.Y. DAS, AGED ABOUT 54 YEARS, SHIRESTEDAR, TALUK OFFICE, BANGARPET, KOLAR-563 114.

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… PETITIONER

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(BY SRI NANJUNDA GOWDA M.R., ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA BY BETHAMANGALA POLICE STATION, K.G.F TALUK, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.

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2 . SMT. K. R. SUJATHA TALUK EXECUTIVE MAGISTRATE, K.G.F. TALUK, K.G.F-563 113.

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… RESPONDENTS

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(BY SMT. NAMITHA MAHESH B.G., HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME No.2/2021 OF BETHAMANGALA POLICE, FOR THE OFFENCE PUNISHABLE UNDER SECTION 192(A) OF THE KARNATAKA LAND REVENUE ACT, 1964, NOW WHICH IS PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (SR. DN.) AND CJM COURT, KOLAR DISTRICT, K.G.F.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This petition is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying this Court to quash the entire proceedings in Crime No.2/2021 of Bethamangala Police, which is pending on the file of the Additional Civil Judge (Sr. Dn) and CJM Court, Kolar District, K.G.F. for the offence punishable under Section 192(A) of the Karnataka Land Revenue Act, 1964 (for short ‘the Act, 1964’)and pass such other orders as deem fit in the facts and circumstances of the case.

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The factual matrix of the case is that respondent No.1-State at the instance of respondent No.2 initiated the

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proceedings against the petitioner herein for the offence punishable under Sections 192(A) of the Act, 1964.

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Learned counsel appearing for the petitioner would vehemently contend that no notice has been issued before registering the case against the petitioner under Section 192(A) of the Act, 1964. The very initiation of the proceedings as against the notification dated 08.9.2008. Learned counsel brought to the notice of this Court that the judgment of this Court in the case of SMT. LALITHA SASTRY v. STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION AND OTHERS reported in ILR 2008 KAR. 4520 , wherein this Court

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held that without giving an opportunity, there cannot be any proceedings under Section 192(A) of the Act, 1964 against the petitioner.

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The learned High Court Government Pleader

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appearing for the respondent-State also not disputed the principles laid down in the judgment referred supra. In view of the notification dated 08.09.2008, an opportunity is to be given

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to the parties, if any allegation is made against the petitioner

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that he is in encroachment of the property belongs to the Government before any proceedings. In view of the said circular and also the judgment of this Court referred supra, an opportunity is to be given to the petitioners herein and thereafter, the proceedings can be initiated against the petitioner. Hence, the very initiation of the proceedings initiated against the petitioner has to be quashed.

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In view of the discussion made above, I pass the

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following:-

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ORDER

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(i) The petition is hereby allowed.

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(ii) The proceedings initiated against the

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petitioner in Crime No.2/2021 of Bethamangala Police on the file of Additional Civil Judge (Sr. Dn) and CJM Court, Kolar District, K.G.F., are hereby quashed.

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(iii) The State is given liberty to proceed in

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accordance with law after giving an opportunity in view of the notification dated 08.09.2008.

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Sd/JUDGE

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PYR

Sri. Y. Sampath Kumar v. the State of Karnataka

Case brief

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Sri. Y. Sampath Kumar v. the State of Karnataka

Case brief

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