Disposed

Basavlingappa S/O Mahadevayya v. the State of Karnataka

Karnataka HC14 Oct 2022CRL.P/101074/2022

Case brief

AI extract

What is this about?

The court held that the criminal petition challenging proceedings against the petitioner-accused No. 7 is not maintainable as the Magistrate has not taken cognizance due to lack of sanction under Section 197 Cr.P.C., reserving liberty to approach the court thereafter.

What did the court decide?

Criminal petition disposed of reserving liberty to challenge proceedings if Magistrate takes cognizance against petitioner-accused No. 7.

Basavlingappa S/O Mahadevayya Vs the State… — Civil Procedure and Limitation | Karnataka HC (2022)

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CRL.P No. 101074 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO.101074 OF 2022

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BETWEEN:

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BASAVLINGAPPA S/O MAHADEVAYYA AGE. 48 YEARS, REVENUE INSPECTOR, KURUGODU R/O NO.133, NEAR FIRE STATION BALLARI, PIN CODE-583104

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(BY SRI. BASAVANA GOUD T, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA KURUGODU POLICE STATION, BALLARI DISTRICT , REPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNAAKA DHARWAD. PIN -580011

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SMT. T BHARATHI W/O D DEVARAJA D/O VENKATESHALU, AGE. 48 YEARS, OCC. AGRICULTURIST AND HOUSE WIFE, A.P. H.G. COLONY, ADHONI, TOWN, KARNUL(DIST) ANDRA PRADESH, NOW R/O HOUSE NO. 190, 4^TH MAIN ROAD, H.B.C S EXTENSION, NAGAVARA , BENGALURU-562108

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(BY SRI. V.S. KALASURMATH, HCGP FOR R1) (R2 - SERVED)

…PETITIONER

…RESPONDENTS

CRL.P No. 101074 of 2022

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1314/2021, ON THE FILE OF THE V ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 120(B), 109, 406, 420, 465, 468, READ WITH SECTION 159 NOF IPC, IN SO FOR AS PETITIONER IS CONCERNED.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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A private complaint was filed by the second respondent alleging that accused Nos.1 and 2 colluding with each other created a General Power of Attorney (GPA), and accused Nos.3 to 5 are signatories to the said GPA, and on the basis of the said GPA, the petitioneraccused No.7 and accused No.6, who are the Revenue Officers, mutated the name of accused No.4 in respect of the subject property belonging to the second respondent.

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The said private complaint was referred to the Police for investigation under Section 156(3) of the Code of Criminal Procedure, 1973. The Police after investigation submitted a charge sheet for the offences punishable

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CRL.P No. 101074 of 2022

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under Sections 109, 120B, 149, 406, 420, 465 and 468 of the Indian Penal Code, 1860. The learned Magistrate accepted the charge sheet for the aforesaid offences and issued summons to accused Nos.1 to 5. However, accused No.7 has not been charge sheeted since prior sanction, as specified under Section 197 of Cr.P.C., was not obtained to prosecute him. The learned Magistrate has not taken cognizance as against petitioner-accused No.7. Hence, the petition challenging the impugned proceedings by the petitioner-accused No.7 is not maintainable.

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The criminal petition is disposed of reserving liberty to the petitioner to challenge the impugned proceedings in the event of learned Magistrate taking cognizance of the aforesaid offence as against petitioner-accused No.7. All contentions are kept open.

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Sd/JUDGE

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KMS

Basavlingappa S/O Mahadevayya v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Basavlingappa S/O Mahadevayya v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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