Karnataka High Court
C Gopalan vs State Of Karnataka on 20 December, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:46975
WP No. 21994 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 21994 OF 2022 (GM-RES)
BETWEEN:
1. C. GOPALAN,
AGED ABOUT 80 YEARS,
S/O C. PANIKAR,
NO.153, 5TH CROSS,
SIDDAPURA IST BLOCK,
BENGALURU - 560011.
2. GOPALAN FOUNDATION,
A REGISTERED SOCIETY UNDER THE KARNATAKA
SOCIETIES REGISTRATION ACT, 1960,
NO.5, RICHMOND ROAD,
BENGALURU-560025,
THROUGH AUTHORISED SIGNATORY AND
GENERAL SECRETARY,
MR. C. PRABHAKAR.
...PETITIONERS
(BY SRI. SANDESH J. CHOUTA, SENIOR COUNSEL FOR
SMT. KRUTHIKA RAGHAVAN, ADVOCATE)
AND:
Digitally signed by B
K
MAHENDRAKUMAR 1. STATE OF KARNATAKA,
Location: High THROUGH BENGALURU METROPOLITAN
Court of Karnataka
TASK FORCE, IST FLOOR, N. R. ROAD,
BENGALURU-560 002.
2. REVENUE INSPCETOR
WHITEFIELD ZONE,
TALUK OFFICE, K. R. PURAM,
BANGALORE EAST - 560 036.
...RESPONDENTS
(BY SRI. VENKATSATYANARAYAN A., HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA, 1950 READ WITH SECTION 482 OF
CR.P.C. PRAYING TO CALL FOR RECORDS IN FIR NO.68/2022
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NC: 2023:KHC:46975
WP No. 21994 of 2022
REGISTERED BY THE R1 AND TO QUASH THE FIR DATED 10.06.2022
REGISTERED BY THE R1 VIDE ANNEXURE-B1 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The registration of the first information report by the Bengaluru Metropolitan Task Force (for short 'BMTF') for the offences punishable under Section 192(A) of the Karnataka Land Revenue Act and Section 420 of IPC is impugned in this petition.
2. The allegations against the petitioners is that they had encroached the rajakaluve situated in land bearing Sy.Nos.181/1, 181/2 and 181/3 of Hoodi Village, KR Puram Hobli, Bengaluru East Taluk, Bengaluru.
3. Sri. Sandesh J. Chouta, learned Senior Counsel representing the petitioners would submit that the BMTF was established to investigate the offences under the Act enumerated therein, and not under the Karnataka Land Revenue Act or the Indian Penal Code. Therefore, the BMTF had no competency to register the FIR.
4. Learned HCGP for the State submits that the allegation discloses that the petitioners have encroached the rajakaluve, and the veracity of the allegations requires to be investigated and at this stage, the registration of FIR does not warrant any interference.
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5. Considered the submissions made by the learned counsel for the parties.
6. The BMTF was established by the Government by order dated 19.03.1996 for detection of commission of any design of committing any offence, of investigation or prosecution of such offence relating to unauthorized occupation of any land which is an offence under the Karnataka Municipal Corporation Act, 1976, Bengaluru Development Authority Act, 1976, Karnataka Municipality Act, 1964, Bengaluru Water Supply and Sewerage Act, 1964 and the Karnataka Slum Areas (Improvement and Clearance) Act, 1973. Therefore, the BMTF was established only to investigate the offences punishable under the Act enumerated therein, and not to investigate any offences punishable under the provisions of the I.P.C. or under the provisions of the Karnataka Land Revenue Act. Therefore, the registration of FIR by the BMTF lacks jurisdiction. Accordingly, I pass the following:
ORDER i. Writ petition is allowed.
ii. The impugned FIR in Cr.No.68/2022 registered by respondent No.1 is hereby quashed.-4-
NC: 2023:KHC:46975 WP No. 21994 of 2022 iii. Liberty is given to the competent authority to take appropriate action against the petitioners, in the event they have encroached the rajakaluve, in accordance with law.
Sd/-
JUDGE MCR