Writ Petition No. 26983 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:3316 WP No. 26983 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26983 OF 2024 (GM-RES) BETWEEN: SRI THIMMA REDDY C, S/O. CHANNA REDDY, AGED ABOUT 45 YEARS, WORKING AS SENIOR SUB REGISTRAR, ANEKAL TALUK, BANGALORE URBAN DISTRICT-562 106. (BY SRI SUMUKH SHASTRY.R, ADVOCATE FOR SRI SATISH K, ADVOCATE) AND: …PETITIONER Digitally signed by NANDINI R Location: High Court of Karnataka 1. THE STATE BY ANEKAL POLICE, REP. BY SUB-INSPECTOR OF POLICE, BANGALORE RURAL DISTRICT-562 106. 2. THE SPECIAL TAHSILDAR, OFFICE OF THE TAHSILDAR, ANEKAL TALUK, BANGALORE RURAL DISTRICT-562 106. …RESPONDENTS
Legal Reasoning
(BY SMT. M.M WAHEEDA, HCGP FOR RESPONDENTS) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUITON OF INDIA R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO CALL FOR RECORDS FROM THE R-1 PERTAINING TO THE IMPUGNED COMPLAINT DATED 23-09-2024 (ANNEXURE-G) AND IMPUGNED FIRST - 2 - NC: 2025:KHC:3316 WP No. 26983 of 2024 INFORMATION REPORT DATED 26-09-2024 (ANNEXURE-H) ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "a) Call for records from the Respondent No.1 pertaining to the impugned Complaint dated 23.09.2024 (Annexure-G) and impugned First Information Report dated 26.09.2024 (Annexure-H); b) Issue writ or order quashing the impugned Complaint dated 23.09.2024 given by the Respondent No.2 (Annexure-g) and impugned First Information Report dated 26.09.2024 in Crime No. 0335/2024 registered by the 1st Respondent - Anekal Police under Section 166(a), 188, 406 and 420 of Indian Penal Code, 1860 (Annexure-H), pending before Principal Civil Judge (Jr. Dn) and JMFC Court, Anekal, Bangalore Rural and all proceedings pursuant thereto, in the interest of justice and equity; c) Pass any other Order as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." - 3 - NC: 2025:KHC:3316 WP No. 26983 of 2024 2. Heard learned counsel for the petitioner, learned High Court Government Pleader for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that there was a interse dispute between Sri.Srinivas Raju, Sri.Harish and Sri.M.C.Nagaraju, in relation to immovable property bearing Sy.No.52/3 of Maragondanahalli, Jigani Hobli, Anekal Taluk, Bangalore Urban District, measuring 1 Acre 26 guntas, in relation to which proceedings under the Karnataka Land Revenue Act, 1964 was initiated and in an appeal filed before the Assistant Commissioner, an order dated 25.02.2020 was passed mutating the Katha/revenue records in favour of Sri.Srinivas Raju and Sri.Harish, pursuant to which the revenue records were mutated into their names. 4. Aggrieved by the said order of the Assistant Commissioner, the aggrieved party Sri.M.C.Nagaraju filed a revision petition under Section 136 (3) of the Karnataka Land Revenue Act, 1964, before the Deputy Commissioner, who passed an order of status-quo dated 31.07.2023, which was subsequently vacated on 20.07.2024. Meanwhile, the Deputy - 4 - NC: 2025:KHC:3316 WP No. 26983 of 2024 Commissioner wrote a letter dated 10.09.2024 to the second respondent inter alia contending that the petitioner who was the Senior Sub-registrar had violated the aforesaid order of status-quo dated 31.07.2023 and had illegally registered a Sale Deed dated 13.03.2024 contrary to the interim order of status-quo, thereby committing offence punishable under Sections 166(a) 188, 406 and 420 IPC. 5. Aggrieved by the impugned complaint, the petitioner is before this court by way of present petition by placing reliance upon the judgment of Coordinate Bench of this court in the case of Sri.H.C.Lokesh v. State by Sub-inspector of Plice, Hebbagodi Police Station and Another in
Decision
W.P.No.36724/2019 disposed of on 20.01.2022. 6. Per contra, learned HCGP submits that there is no merit in the petition and that the same is liable to be dismissed. 7. A perusal of material on record will indicate that though there was an interim order of status-quo passed 31.07.2023 by the Deputy Commissioner, the said order is not shown to be communicated to the petitioner-Senior Sub-registrar nor is there anything to establish that the petitioner was aware or - 5 - NC: 2025:KHC:3316 WP No. 26983 of 2024 knowledge about the said interim order of status-quo passed by the Deputy Commissioner. 8. Under identical circumstances, H.C.Lokesh v. State (supra), the Coordinate Bench of this court has held as under: "Respondent No.2 lodged a private complaint under Section 200 of Cr.P.C., before the jurisdictional Magistrate alleging that the petitioner when working as a Sub-Registrar, ignoring and violating the Court order, colluding with the other accused, has registered a illegal Sale Deed in favour of accused Nos.3 to 12. The jurisdictional Magistrate referred the matter to the jurisdictional police for investigation under Section 156(3) of Cr.P.C. The police, after investigation, registered FIR against the petitioner for the offences punishable under Sections 506, 420, 350, 465, 349, 503, 464,468, 425, 415, 416 of IPC. Being aggrieved, the present petition is filed. 2. Learned counsel for the petitioner would submit that the only allegation against the petitioner is that ignoring and violating the Court order he has registered the sale deed in favour of accused Nos.3 to 12. Hence, the FIR does not disclose commission of offence alleged against the petitioner and prays for quashing of the FIR. - 6 - NC: 2025:KHC:3316 WP No. 26983 of 2024 3. On the other hand, learned HCGP appearing for the respondent No.1-State justifies the registration of the FIR against the petitioner. 4. I have considered the submissions of the learned counsel for the parties. 5. Perusal of the complaint lodged by respondent No.2 indicates that the only allegation against the petitioner is that he has registered the sale deed in favour of accused Nos.3 to 12 ignoring and violating the Court order. Except the said allegation, there is no other allegation against the petitioner. The complaint also does not disclose that the Court order was brought to the notice of the petitioner at the time of registering the sale deed. Even accepting the allegation made against the petitioner, on the face of it the same would not constitute commission of offence as alleged against the petitioner. Hence, there is no material to suggest that the petitioner has committed any offence as alleged in the FIR. Hence, the FIR registered against the petitioner is not sustainable in law. Accordingly, I pass the following: ORDER The writ petition is allowed. - 7 - NC: 2025:KHC:3316 WP No. 26983 of 2024 The FIR dated 20.07.2019 in Crime No.0275/2019 registered by respondent No.1- Hebbagodi Police in so far as it relates to petitioner- accused No.13 is hereby quashed." 9. As stated supra, in the absence of any material to establish that the petitioner was aware or had knowledge of the interim order of status-quo and that despite the same, the petitioner had deliberately and intentionally registered the sale deed dated 13.03.2024 contrary to the said interim order of status-quo, I am of the considered opinion that the petitioner cannot be said to have committed any of the offences alleged against him and consequently continuation of the impugned proceedings against the petitioner for the alleged offences would amount to abuse of process of law warranting interference in the present petition. 10. In the result, I pass the following: ORDER a. The petition is hereby allowed. b. The impugned proceedings in Crime No. 0335/2024 registered by the 1st Respondent- - 8 - NC: 2025:KHC:3316 WP No. 26983 of 2024 Anekal Police under Section 166(a), 188, 406 and 420 IPC, now pending on the file of Principal Civil Judge (Jr. Dn) and JMFC Court, Anekal, Bangalore Rural District, are quashed qua the petitioner. Sd/- (S.R.KRISHNA KUMAR) JUDGE NP List No.: 1 Sl No.: 26