Allowed

Prabhavathi v. State of Karnataka

Karnataka HC1 Sept 2023CRL.P/1581/2023

Case brief

AI extract

What is this about?

The High Court at Bengaluru allowed a criminal petition under Section 482 CrPC quashing an FIR lodged under IPC Sections 309, 353, 506, and 34. The court held that statutory notice under Section 192-A of the Karnataka Land Revenue Act and Rule 108D was mandatory before removal of encroachment. Its omission rendered the investigation an abuse of the law's process.

What did the court decide?

The criminal petition is allowed. The impugned First Information Report No.22/2023 stands quashed.

Prabhavathi Vs State of Karnataka — Land Acquisition | Karnataka HC (2023)

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1 - NC: 2023:KHC:31647 CRL.P No. 1581 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1581 OF 2023

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BETWEEN:

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PRABHAVATHI

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D/O LATE HANUMAIAH AGED ABOUT 42 YEARS OCC: AGRICULTURE,

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MANJUNATHA

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S/O RAMESH

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AGED ABOUT 26 YEARS OCC AGRICULTURE,

3. PUNEETH

S/O RAMESH

AGED ABOUT 27 YEARS

OCC: AGRICULTURE,

Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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4. RAMESH

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S/O PUTTAIAH AGED ABOUT 55 YEARS OCC: AGRICULTURE

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ALL ARE R/AT ANIVAL VILLAGE TALUK PIRIYAPATTANA - 571 107. DIST MYSURU.

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…PETITIONERS

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(BY SMT. MANJULADEVI R.KAMADOLLI, ADVOCATE)

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2 - NC: 2023:KHC:31647 CRL.P No. 1581 of 2023

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AND:

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STATE OF KARNATAKA BETTADAPURA POLICE BYLAKUPPE CIRCLE PERIYAPATTANA TALUK – 571 107 MYSURU DISTRICT REPRESENTED BY THE S.P.P. HIGH COURT BUILDING BENGALURU.

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SRI ANAND S. S AGED ABOUT 40 YEARS REVENUE INSPECTOR BETTADAPURA HOBLI PERIYAPATNA TALUK MYSURU DISTRICT.

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…RESPONDENTS

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(BY SMT. K.P.YASHODHA, HCGP FOR R1; SRI. S.S.ANANDA, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR NO.22/2023 LODGED BY THE BETTADAPURA POLICE, BYLAKUPPE CIRCLE, PERIYAPATTANA TALUK, MYSURU DISTICT UNDER SEC.506,34,309,353 OF IPC IN CR.NO.22/2023 WHICH IS PENDING ON THE FILE OF THE CIVIL JUDGE JR.DN AND J.M.F.C PERIYAPATTANA.

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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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The petitioners are sought to be prosecuted for the

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offences under Sections 309, 353 506 and 34 of the IPC.

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3 - NC: 2023:KHC:31647 CRL.P No. 1581 of 2023

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Respondent No.2 lodged the first information report alleging that, when respondent No.2 along with other persons went for removal of the encroachment on the government land, at that time, the petitioners abused them in filthy language and accused No.3 attempted to commit suicide by consuming poison.

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Heard the learned counsel for the petitioners and learned High Court Government Pleader for the State.

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The petitioners claiming to be in unauthorised occupation of the government land had filed an application for regularization of unauthorized cultivation. The application came to be rejected by the Committee constituted under the provisions of Rule 108D of the Karnataka Land Revenue Rule, 1966. Thereafter, the petitioners have filed an appeal before the Assistant Commissioner. During the pendency of the appeal, on the direction of the Tahsildhar, respondent No.2 along with other persons went to the land to remove the encroachment and at that time, the alleged incident had taken place. Section 192-A of the Karnataka Land Revenue Act, and the government circular contemplates issuance of 15 days

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4 - NC: 2023:KHC:31647 CRL.P No. 1581 of 2023

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notice calling upon the person/s in unauthorized to remove the encroachment. In the instant case, no such notice was caused calling upon the Petitioners to remove the encroachment. Therefore, the continuation of the investigation will be an abuse of the process of the law.

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Accordingly, the criminal petition is allowed. The impugned first information report No.22/2023, lodged before the Bettadapura Police, Bylakuppe Circle, Periyapattana Taluk, Mysuru district, in Crime No.22/2023, stands quashed.

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Sd/JUDGE

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NVJ

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List No.: 1 Sl No.: 99

Prabhavathi v. State of Karnataka

Case brief

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Prabhavathi v. State of Karnataka

Case brief

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