Karnataka High Court
Rajanna vs Bangalore Metropolitan Task Force on 30 July, 2014
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 30TH DAY OF JULY 2014
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION No.33892/2014(GM-RES)
BETWEEN :
RAJANNA,
S/O LATE THIMMAIAH,
HINDU, AGED 55 YEARS,
NO. 45, ROYAL LAYOUT,
BHARATH NAGAR,
2ND STAGE, OPP CII,
VISHWANEEDAM POST,
BANGALORE-560 091. ... PETITIONER
(BY SRI S.GANESH SHENOY, ADV.,)
AND :
1. BANGALORE METROPOLITAN TASK FORCE,
N.R. ROAD,
BANGALORE-560 009,
BY ITS STATION HOUSE OFFICER.
2. BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARA PARK WEST,
BANGALORE-560 020,
BY ITS COMMISSIONER.
3. THE DEPUTY COMMISSIONER,
BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARA PARK WEST,
BANGALORE-560 020. ... RESPONDENTS
(BY SRI KESHAVA MURTHY, ADDL. SPP FOR R1,
SRI K.N.PUTTEGOWDA, ADV., FOR R2 AND R3)
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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA R/W SECTION 482 OF
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
PROCEEDINGS FURTHER TO CR.No.56/2014
DTD.09.07.2014 (ANNEX-C) ON THE FILE OF THE COURT OF
THE IV ADDL. CITY CIVIL JUDGE, BANGALORE.
THIS W.P COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner herein said to be a Clerk working in the office of the Bangalore Development Authority has come up in this petition challenging the complaint registered in Crime No.56/2014 by 1st respondent - Bangalore Metropolitan Task Force, within the jurisdiction of Chief Metropolitan Magistrate, Bangalore, for the offence punishable under Section 72 of the Bangalore Development Authority Act, 1976 and Sections 420, 204 and 409 of the Indian Penal Code.
2. Admittedly, the complaint is registered at the behest of 3rd respondent - Deputy Commissioner, B.D.A., alleging certain irregularities in considering the application given by the owner of land bearing Sy. -3- No.111/3 measuring to an extent of 13 guntas situate in Jodi Kempapura Agrahara village, Bangalore North Taluk, with reference to missing of certain office notes in the file pertaining to re-conveyancing of the said land in faovur of its erstwhile owner. It is seen that in the complaint, which is filed is against one Jayaram and some officers of BDA., who are involved in doing certain illegal activities. In the complaint, there is no reference to petitioner herein. certain unknown officers of BDA., involved into that. The complaint refers to certain unknown officers of BDA involved in committing the said crime. Admittedly, the complaint in Crime No.56/2014 is at the stage of investigation. Therefore, merely on the basis of apprehension of the petitioner that he may be indicted in the said proceeding, the question of either quashing the complaint or stalling further investigation in the same does not arise. In the event of Police issuing notice to the petitioner, he has to appear before Police and cooperate with them for the purpose of investigation. Since petitioner is neither indicted as accused in the said -4- proceeding nor his name is referred to in the complaint, he has no right to seek quashing of the complaint on the ground that BMTF., Police has no authority to investigate the matter. In any event, it is too early to consider whether or not BMTF., Police has authority to investigate the complaint.
3. With the aforesaid observations, this petition filed by a third party, Sri Rajanna, a Clerk in the B.D.A office, is dismissed. While doing so, 1st respondent - BMTF., Police is directed to hasten further investigation in Crime No.56/2014 and complete the same at the earliest and file report in that regard.
4. A copy of this order be furnished to the learned Addl. State Public Prosecutor.
Sd/-
JUDGE sma