This writ petition sought to quash an FIR alleging encroachment on BDA land. The court noted the joint survey found no encroachment and procedural lapses occurred, holding the investigation an abuse of process.
The writ petition is allowed and the impugned FIR in Crime No.19/2015 registered by the 6th respondent is hereby quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 14233 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.14233 OF 2017 (GM-RES)
BETWEEN:
ISKCON CHARITIES DODDAKALLASANDRA POST, 8TH MILE KANAKAPURA ROAD, BANGALORE - 560 062 REPRESENTED BY SRI VASUDEVA PRAN DASA @ N.VENKATESH, S/O M. NARAYANA AGED ABOUT 43 YEARS CHIEF LIAISON OFFICER.
…PETITIONER
(BY SRI SANATH KUMAR A., ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
WP No. 14233 of 2017
KHANDAYA BHAVAN BANGALORE-560 001.
…RESPONDENTS
(BY SRI VINAYAKA V.S., HCGP FOR R1 & R4-R6; SRI GOUTHAM C. ULLAL, ADVOCATE FOR R2 & R3; SRI ANAND R.B., ADVOCATE FOR R7; SRI V. JAVAHAR BABU, ADVOCATE FOR R-8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE IMPUGNED FIRST INFORMATION REPORT IN CRIME NO.19/2015 BEFORE THE HON'BLE CHIEF METROPOLITAN MAGISTRATE [CMM] BENGALURU REGISTERED U/S 72 AND 34 OF THE BANGALORE DEVELOPMENT AUTHORITY AT ANNEXURE-A DATED 27.4.2015 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the parties.
WP No. 14233 of 2017
of the criminal investigation against the petitioner-accused will be an abuse of process of law. Accordingly, I pass the following:
ORDER
ii) The impugned FIR in Crime No.19/2015 registered
by the 6th respondent is hereby quashed.
Sd/JUDGE
HR
3 issues framed by the court
Whether the continuation of criminal investigation is an abuse of process of law given failure to follow prescribed procedures and evidence showing no encroachment.
Whether the prescribed procedure under Section 192A of the Karnataka Land Revenue Act was followed before lodging the FIR.
Whether the joint survey report indicates encroachment of land earmarked as a road.
6 provisions across 4 enactments
ISKCON CHARITIES DODDAKALLASANDRA POST
THE STATE OF KARNATAKA
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY (BDA)
THE TAHASILDHAR BANGALORE SOUTH TALUK
POLICE SUB-INSPECTOR B.M.T.F.
CITY ENGINEERING COLLEGE
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
