Allowed

Shobha Devi v. State of Karnataka

Karnataka HC8 Sept 2023CRL.P/132/2023

Case brief

AI extract

What is this about?

This Criminal Petition filed under Section 482 Cr.P.C. was filed to quash an FIR. The Bench, noting that similar proceedings against petitioners were previously quashed in related writ petitions after a Lokayukta report exonerated them, allowed the current petition and quashed the FIR pending proceedings.

What did the court decide?

The impugned FIR in Crime No.150/2022 registered by Nanjangud Town Police Station insofar as it relates to the petitioners is quashed.

Shobha Devi Vs State of Karnataka — Quashing and FIR | Karnataka HC (2023)

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1 - NC: 2023:KHC:32648 CRL.P No. 132 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 132 OF 2023

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BETWEEN:

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SHOBHA DEVI AGE 61 YEARS, W/O SRI. SUDHEER MISHRA.

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SMT. NISHA SHARMA, AGE 52 YEARS, D/O BHISHMA PITAMAHA.

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SMT. ANJANA SHARMA, AGE 47 YEARS, D/O BHISHMA PITAMAHA.

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Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka

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VIJAYALAKSHMI SHARMA, AGE 43 YEARS, D/O BHISHMA PITAMAHA.

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PRADEEP S/O SUDHEER, AGE ABOUT 36 YEARS, S/O LATE SUDHEER MISHRA

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SONU S/O SUDHEER AGE 38 YEARS, S/O LATE SUDHEER MISHRA,

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ALL ARE RESIDENTS OF DOOR NO.573, ASHOKA ROAD,

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2 - NC: 2023:KHC:32648 CRL.P No. 132 of 2023

LASHKAR MOHALLA,

MYSURU - 570 001.

…PETITIONERS

(BY SRI. RAVI B. NAIK, SENIOR ADVOCATE FOR SMT. VIJETHA R. NAIK, ADVOCATE)

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AND:

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STATE OF KARNATAKA, THROUGH NANJANGUD TOWN PS, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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SHIVMURTHY, TAHSHILDAR, NANJANGUD TALUK, MYSORE DISTRICT - 571 301, KARNATAKA.

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…RESPONDENTS

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(BY SMT. K.P. YASHODHA, 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 COMPLAINT DATED 26.12.2022 AND FIR IN CRIME NO.150/2022 REGISTERED BY THE 1st RESPONDENT NANJANGUD TOWN POLICE, MYSURU AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 409, 420, 465, 468, 471, 120-B, 149 OF IPC AND SECTION 192 OF KARNATAKA LAND REVENUE ACT, 1964 AND WHICH IS NOW PENDING ON THE FILE OF THE CJ AND JMFC, NANJANGUD, MYSURU.

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

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3 - NC: 2023:KHC:32648 CRL.P No. 132 of 2023

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ORDER

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Petitioners/accused Nos.10 to 16 are sought to be prosecuted for the offences punishable under Sections 406, 409, 420, 465, 468, 471, 120(B), 149 of IPC.

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Respondent No.2 lodged the FIR alleging that, the land bearing Sy.Nos.390, 422 and 424 of Immavu village, Chikkayyana Chatra Hobli, Nanjanguru Taluk, were granted illegally by the Chairman of the Land Tribunal in favour of various persons, and the Tahsildar has mutated the names of persons, who were granted occupancy rights under the said illegal order. It is further alleged that, the lands were acquired by the KIADB.

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Heard Sri.Ravi B.Naik, learned Senior counsel appearing on behalf of Smt.Vijetha R.Naik, learned counsel for the petitioners and learned High Court Government Pleader for the State.

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The impugned FIR was challenged by accused Nos.1 and 2 before this Court in WP.No.26157/2022 c/w WP No.26158/2022. This Court vide order dated 18.08.2023, quashed the proceedings against accused Nos.1 and 2 by observing as follows:-

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4 - NC: 2023:KHC:32648 CRL.P No. 132 of 2023

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"paragraph 6: The petitioners have produced the copy of the order passed by this Court in WP No.41048/2011 (DD 22.11.2012), by which, the order dated 14.9.2011 passed by the Land Tribunal, Nanjangud granting occupancy right in respect of the subject lands to various persons, of which, the petitioner, who was the Chairman of the Land Tribunal, in WP No.26158/2022, has been confirmed. On the basis of the order passed by the Land Tribunal, the Tahsildar has mutated the name of the persons, who were granted occupancy right by the Land Tribunal. The mutation entries effected by the Tahsildar were challenged by the landlord, and the same was negated by the Deputy commissioner in exercise of power under Section 136(3) of Karnataka Land Revenue Act.

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paragraph 7: the Lokayukta had also conducted an enquiry against the petitioners herein on similar set of allegations, and the Lokayukta has submitted a report exonerating the petitioners of the charges leveled against them, and the said report has also attained finality."

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Therefore, this writ petition requires to be disposed of in terms of the order passed by this Court in the above said petitions. Accordingly, I pass the following.

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5 - NC: 2023:KHC:32648 CRL.P No. 132 of 2023

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ORDER

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i) Criminal petition is allowed .

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ii) Impugned FIR in Crime No.150/2022 registered by the Nanjangud Town Police Station insofar as it relates to the petitioners herein stands quashed.

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Sd/-

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JUDGE

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CPN List No.: 1 Sl No.: 135 CT: ABS

Shobha Devi v. State of Karnataka

Case brief

What is this about?

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Shobha Devi v. State of Karnataka

Case brief

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