Criminal Petition No. 10227 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:4114 CRL.P No. 10227 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10227 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI KRISHNAPPA B. M., S/O LATE MUNISHAMAPPA, AGED ABOUT 79 YEARS, R/AT DASAGONDANAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK - 561203 (BY SRI. NARAYANA SWAMY P. M., ADVOCATE) …PETITIONER AND: 1. THE STATE OF KARNATAKA CIRCLE INSPECTOR OF POLICE RURAL POLICE STATION, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT. REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560001 2. THE TAHASILDAR, DODDABALLAPURA TALUK DODDABALLAPURA - 561203 Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
Legal Reasoning
(BY SMT. RASHMI JADHAV, ADDL. SPP) …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1895/2017 ON THE FILE OF THE PRINCIPLE CIVIL JUDGE AND JMFC COURT, DODDABALLAPURA IN CR.NO.234/2017 ON THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 192(A) OF KARNATAKA LAND REVENUE ACT, 1964, DATED 14.06.2017 REGISTERED BY THE 1st RESPONDENT POLICE - 2 - NC: 2025:KHC:4114 CRL.P No. 10227 of 2024 ON THE COMPLIANT OF THE 2nd RESPONDENT, POLICE AUTHORITIES HAVE FALSELY REGISTERED THE CASE i.e., ANNEXURE B AND C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: a. Quash the entire proceedings in C.C.No.1895/2017 on the file of the Principal Civil Judge and JMFC Court, Doddaballapura, in Crime No.0234/2017 on the alleged offence punishable under Section 192(A) of Karnataka Land Revenue Act 1964 dated 14.06.2017, registered by the 1st respondent police on the complaint of the 2nd respondent, police authorities have falsely registered the case i.e., Annexures-B and C. b. Grant such other relief/s as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.” 2. A perusal of the complaint dated 14.06.2017 filed by the respondent No.2 – Tahsildar for the alleged offences punishable under Section 192(A) of the Karnataka Land Revenue Act, 1964, respondent No.1 – Police Authorities registered a FIR in - 3 - NC: 2025:KHC:4114 CRL.P No. 10227 of 2024 Crime No.234/2017, which is now pending before the trial Court in C.C.No.1895/2017. It is the specific contention of the petitioner that in the case of Lalitha Sastry v. State of Karnataka, reported in ILR 2008 Kar 4520, this Court has categorically held that if the offence punishable under Section 192(A) of the Karnataka Land Revenue Act, 1964 is alleged, it is incumbent for issuance of show cause notice before registering FIR and proceed further in the matter and in the absence of requisite show cause notice, the very registration of the FIR and all further proceedings are vitiated and deserves to be quashed as held by this Court in Lalitha (supra), wherein it is held as under: “In all these Writ Petitions the petitioners are seeking the relief of quashing the complaint filed by the Tahsildar against them with the jurisdictional Station House Officer and the proceedings initiated against the petitioners before the Chief Metropolitan Magistrate/Chief Judicial Magistrate as well as the charge sheets filed against them. 2. The main grievance of the petitioners in all these cases is, they are in occupation of the disputed land in question in their own right. It is not a Government land. They have not encroached upon any portion of the Government land. In fact some of them are purchasers of - 4 - NC: 2025:KHC:4114 CRL.P No. 10227 of 2024 such lands. They are put in possession by their vendors, on the basis of documents handed over to them at the time of purchase. They are not aware of the factual position and may be innocent also. In spite of the same these proceedings are initiated against them as if they have encroached the Government land which is made an offence now by amendment of the Karnataka Land Revenue Act by introducing Section 192A. Some of them contend if any survey had been conducted with any notice to them and if it was shown to them that the land which is in their occupation or any portion of it is a Government land, they would have surrendered the said land. However, without giving any such opportunity, without conducting any survey in their presence, on the basis of Mahazars conducted, on the basis of documents to which they are not parties, a complaint is lodged by the Tahsildar with the jurisdictional police who in turn has initiated criminal proceedings and charge sheets are filed. Therefore, they seek for quashing of the entire proceedings. 3. After notice the Government entered appearance and supported their action. After hearing the matter at length when it was suggested to the Government that an opportunity ought to have been given to these petitioners and persons who are similarly placed, who if they are convinced that they are in occupation of a Government land, without any intention of entering upon the said land or continued to occupy the said land, they may voluntarily give up such possession. Time was taken - 5 - NC: 2025:KHC:4114 CRL.P No. 10227 of 2024 to consider whether a provision could be made to adjudicate these aspects before initiation of proceedings. Today a memo is filed on behalf of the Government enclosing a circular dated 8.9.2008. The said circular reads as under: 4. From the aforesaid circular it is clear the Government is now convinced that an opportunity should be given to all those alleged encroachers of Government land before any proceedings are initiated u/s 192A of the Act. In fact it stipulates a procedure under which a show cause notice is to be given calling upon those alleged encroachers to file their objections within 15 days. If no objections are received authorities are called upon to visit the spot, conduct a Mahazar in the presence of the villagers, obtain their signatures and thereafter to initiate criminal proceedings if they are satisfied that there is encroachment. In the event of alleged encroachers producing documents to examine the same and only in the event of the said documents are found to be fabricated or duplicate, to initiate proceedings u/s 192A of the Act. In fact the said procedure contemplated by the Government satisfy the requirement of principles of natural justice, an opportunity is given to these persons to realise whether they have occupied a Government land and if they are convinced to surrender possession to avoid criminal prosecution. 5. That would meet the ends of justice. In that view of the matter, as the criminal prosecution is launched - 6 - NC: 2025:KHC:4114 CRL.P No. 10227 of 2024 against all these petitioners without affording an opportunity to have their say and in the light of the circular which is passed by the Government, these proceedings cannot be sustained. 6. In W.P. Nos. 3969/2007,1023/2008 and 3550/2008 the petitioners have also challenged the constitutional validity of the said circular. However, for the time being they submit they would not press the said point. Therefore, the constitutional validity of the said provision is not considered. 7. Hence, I pass the following order: (a) Writ Petitions are allowed. (b) The impugned orders and proceedings are hereby quashed. (c) Liberty is reserved to the State or its authorities to comply with the requirement as contemplated in the circular before initiating any action against the petitioners if need arise. (d) All the contentions urged in the Writ Petitions are kept open to be adjudicated if and when occasion arises.” 3. As rightly contended by learned counsel for the petitioner, in the instant case, material on record indicates that no - 7 - NC: 2025:KHC:4114 CRL.P No. 10227 of 2024 Show Cause Notice as required under Section 192(A) of the Karnataka Land Revenue Act was issued by respondent before registration of FIR against the petitioner for the offences punishable under Section 192A of the Act and consequently, the impugned proceedings deserve to be quashed. 4.
Decision
In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned proceedings in C.C.No.1895/2017 on the file of the Principal Civil Judge and JMFC Court, Doddaballapura are hereby quashed. iii) Liberty is reserved in favour of the respondents to take appropriate action against the petitioner in accordance with Section 192(A) of the Karnataka Land Revenues Act, 1964 as held by this Court in the case of Lalitha supra and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 44