Dismissed

Sri. Sukananda Shetty v. the State of Karnataka

Karnataka HC2 Mar 2023WP/13452/2018

Case brief

AI extract

What is this about?

The Hon'ble High Court of Karnataka dismissed a writ petition filed under Articles 226 and 227 of the Constitution of India seeking to quash criminal proceedings. The Court observed that since the charge-sheet was already laid under Section 239 Cr.P.C., the petitioner should have approached the trial court for discharge, making the writ petition devoid of merit.

What did the court decide?

Writ petition dismissed; no costs awarded.

Sri. Sukananda Shetty Vs the State of Karnataka — Cheque Dishonour | Karnataka HC (2023)

¶1

¶2

WP No. 13452 of 2018

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 2^ND DAY OF MARCH, 2023

¶5

PRESENT

¶6

THE HON'BLE MR JUSTICE K.SOMASHEKAR

¶7

AND

¶8

THE HON'BLE MR JUSTICE UMESH M ADIGA WRIT PETITION NO. 13452 OF 2018 (KLGP)

¶9

BETWEEN:

¶10

Digitally signed by D K BHASKAR Location: High Court of Karnataka

¶11

SRI. SUKANANDA SHETTY S/O P N SHETTY AGED ABOUT 44 YEARS R/AT NO 367, “VIJAYA CLASSIC” VIJAYA BANK LAYOUT BANNERGHATTA ROAD BENGALURU - 560 076.

¶12

(BY SRI. H JAYANTH POOJARY, ADVOCATE FOR SRI. YOGESH KUMAR U. S, ADVOCATE)

¶13

…PETITIONER

¶14

AND:

¶15

THE STATE OF KARNATAKA, REP. BY ITS SECRETARY FOR DEPARTMENT OF REVENUE, 101, 1^ST FLOOR VIKAS SOUDHA, NEAR VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU, KARNATAKA - 560 001.

¶16

THE BENGALURU METROPOLITAN TASK FORCE REP. BY ADDITIONAL DIRECTOR GENERAL OF POLICE, BBMP OFFICE BUILDING N R SQUARE, BENGALURU KARNATAKA - 560 002.

¶17

¶18

WP No. 13452 of 2018

¶19

CHIEF EXECUTIVE OFFICER LAKE DEVELOPMENT AUTHORITY 2ND FLOOR, PARISARA BHAVAN # 49 CHURCH STREET BANGALORE - 560 001.

¶20

INVESTIGATING OFFICER BENGALURU METROPOLITAN TASK FORCE BBMP OFFICE BUILDING N R SQUARE, BENGALURU KARNATAKA - 560 002.

¶21

SRI. KESHAVPRASAD S/O NAGARAJ B G AGED ABOUT 38 YEARS ASSISTANT EXECUTIVE ENGINEER BENGALURU DEVELOPMENT AUTHORITY NO. 1 (PLANNING) SOUTH DIVISION BDA, KUMARA PARK WEST BANGALORE - 560 020.

¶22

…RESPONDENTS

¶23

(BY SMT. RASHMI PATEL, HCGP FOR R1; R2, R3 & R4 ARE SERVED BUT UNREPRESENTED)

¶24

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENTIRE CRIMINAL PROCEEDINGS PENDING BEFORE KARNATAKA LAND GRABBING PROHIBITION SPECIAL COURTS AT BENGALURU IN L.G.C. (T) NO.917/2017 (PREVIOUS C.C.NO.13095/2015) FOR THE OFFENCE PUNISHABLE UNDER SECTION 192(A) OF KARNATAKA LAND REVENUE ACT, 1964 VIDE ANNEXURE-D IN SO FAR AS PETITITONER IS CONCERNED.

¶25

¶26

WP No. 13452 of 2018

¶27

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, K.SOMASHEKAR J., MADE THE FOLLOWING:

¶28

ORDER

¶29

The writ petition initiated by the petitioner against the respondents relating to initiation of the case in LGC (T) No.917/2017 (previously C.C. No.13095/2015) for the offence punishable under Section 192A of the Karnataka Land Revenue Act, 1964, vide Annexure-D. Same has been challenged in this writ proceedings urging various grounds.

¶30

Heard Shri. H. Jayanth Poojary, learned counsel representing Shri. Yogesh Kumar U.S., learned counsel for the petitioner on record and Smt. Rashmi Patel, learned HCGP for respondent No.1.

¶31

3. We have gone through the records.

¶32

The records reveal that the case in C.C.

¶33

No.13095/2015 has been filed by the Investigating Agency by following requisite provisions of Code of Criminal

¶34

¶35

WP No. 13452 of 2018

¶36

Procedure i.e. Section 173 for investigation soon after recording FIR under relevant provisions of Section 154 Cr.P.C. When once FIR is filed following requisite provisions and statement of witnesses recorded under Section 161, 162 Cr.P.C. and charge-sheet has been laid by following the provisions under Section 173 (2) Cr.P.C., it is the right of the accused to approach the Court in accordance with the relevant provisions of Section 239 and 227 Cr.P.C., in case he wants to seek discharge from that case. Therefore, since the writ petition is of the year 2018 and charge-sheet has been laid against the accused in C.C. No.13095/2015 which is of the year 2015 and case in LGC (T) No.917/2017 is of the year 2017, taking into consideration registration of crime and laying of chargesheet against accused, we find that, this writ petition does not have any force or grounds calling for interference by this Court, as contended by the learned counsel for the petitioner in this matter.

¶37

¶38

WP No. 13452 of 2018

¶39

5. Consequently, this writ petition is dismissed as being

¶40

devoid of merits.

¶41

No costs.

¶42

Sd/JUDGE

¶43

Sd/JUDGE

¶44

sac*

Sri. Sukananda Shetty v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Sukananda Shetty v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

D P Ramesh Vs Range Forest Officer

M/S. Apeksha Clothing (UNIT-3) Vs the Director

Sri. R F Castelino Vs State of Karnataka

Jayara K S Vs State of Karnataka

Sri M B Appanna Vs the State of Karnataka

Girish Shetty Vs Karnataka State Financial Corporation Ltd.