MR. B. KOSHY v. MAHADEVAPURA POLICE, ULSOOR SUB DIVISION, BANGALORE EAST DIVISION, MAHADEVAPURA, BA N GALORE
Case at a glance
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- Para 33. Hence, petition is deserved to be allowed. Proceedings in C.C.No.22630/2007 in Crime No.69/07 on the file of the X Additional Chief Metropolitan Magistrate, Bangalore, stand quashed. Liberty is reserved to the respondent to register complaint by following the procedure contemplated in law. Sd! JUDGE…
Judgment
MR. B. KOSHY, AGED ABOUT 61 YEARS, 5/0. LATE MR. KOSHY GEORGE, AT 101 M. B, CENTRE, 134, INFANTRY ROAD, BANGALORE 560 001. (By Sri. UMASHANKAR M. N. ADV) AND MAHADEVAPURA POLICE, ULSOOR SUB DIVISION, BANGALORE EAST DIVISION, MAHADEVAPURA, BA N GALORE. (By Sri, V1JAYAKU MAR MAJAGE, HCGP FOR RJ TO R,3) THIS CRIMINAL THE CRIMINAL PROCEDURE CODE 1973 PRAYING THAT THIS IHON’BLE COURT MAY BE PETITION FILED U/S. 482 OF rr rfm rr ThDfTflM D . L L } 1) AMENDMENT PETITION TO BE FILED. u. ri fl- rre-rr ,rr\ nflnrn\i P 4 3) 4) 5) 6) SL.NO.3,6 OF MEMO NO.46/il DATED: 02.12.11 TO BE COMPLIED. PREAMBLE OF THE C.C.NO.22630/07 TO BE FILED. TYPED COPY OF THE PAGE NO.97 AND 99 TO BE FILED. PETITIONER NAME TO BE WRI1TEN BELOW THEIR SIGN IN VAKALATH. This petition coming on for orders, this day, the Court made the following: ORDER Petitioner called question proceedings C.C.No.22630/07 in Crime No.69/07 on the file of the X Additional Chief Metropolitan Magistrate, Bangalore.
Case was registered against the petitioner for offence punishable under Secs. 447 of IPC read with Sec. 192-A of the kamataka Land Revenue (Amendment) Act, 2007 by Mahadevapura Police, Ulsoor sub Division, Bangalore East Division, Bangalore, though the alleged land is not standing in the name of the petitioner. Petitioner has produced the sale deed of the alleged land, which stands in the name of the wife of the petitioner. He also submitted that before initiating criminal proceedings under Sec. 192(A) of Karnataka Land Revenue Act, the Revenue officials have to issue notice, hold survey and spot mahazar 3 and after such survey and spot mahazar there is violation, proceedings under Sec. 192(A) have to be initiated, as per the order of this Court in W.RNo. 3969/2007 and connected cases disposed of on 22nd September, 2008. In view of the same, the registration of complaint being contrary to provisions of Sec. 192(A) of the Karnataka Land Revenue Act, and further, complaint is against a wrong person, the FIR culminating in filing of charge sheet is opposed to law and principles of natural justice.
Hence, petition is deserved to be allowed. Proceedings in C.C.No.22630/2007 in Crime No.69/07 on the file of the X Additional Chief Metropolitan Magistrate, Bangalore, stand quashed. Liberty is reserved to the respondent to register complaint by following the procedure contemplated in law. Sd! JUDGE mgn/
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