Karnataka High Court
Sri H Sandeep Singh vs State Of Karnataka on 13 September, 2023
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NC: 2023:KHC:33088
CRL.P No. 1526 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CRIMINAL PETITION NO. 1526 OF 2017
BETWEEN:
SRI. H. SANDEEP SINGH,
S/O LATE R. HARI SINGH,
AGED ABOUT 42 YEARS,
R/A NO.32, 8TH MAIN ROAD,
TELECOM LAYOUT, THANISANDRA,
HEGDENAGAR MAIN ROAD,
BENGALURU - 560 077.
...PETITIONER
(BY SRI. NISHANTH A V., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
Digitally DEPARTMENT OF URBAN DEVELOPMENT,
signed by
SUMA VIDHANA SOUDHA,
Location: DR. AMBEDKAR VEEDHI,
HIGH
COURT OF BENGALURU - 560 001,
KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. BANGALORE METROPOLITAN TASK FORCE,
REPRESENTED BY STATION HOUSE OFFICER,
BMTF POLICE STATION,
BBMP, N.R.SQUARE,
BENGALURU - 560 002.
3. THE REVENUE REGIONAL COMMISSIONER,
BANGALORE REGION,
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NC: 2023:KHC:33088
CRL.P No. 1526 of 2017
K.H. ROAD,
BENGALURU - 560 027.
...RESPONDENTS
(BY SRI. RAJAT SUBRAMANYAM, HCGP FOR R1-R3)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
a)QUASH THE ORDER DATED 23.01.2016 PASSED BY THE IV
ADDL.C.M.M., BANGALORE IN C.C.NO.2635/2016. b)QUASH
THE CHARGE SHEET DATED 11.07.2014 IN CR.NO.77/2014
BEARING C.C.NO.2635/2016 PENDING ON THE FILE OF IV
ADDL.C.M.M., BANGALORE VIDE ANNEXURE-E.
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has challenged the prosecution launched against him in C.C.No.2635/2016 pending trial before the IV Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 192(a) and 192(b) of the Karnataka Land Revenue Act, 1964 ('Act' for short) and Sections 420, 468, 471, 409 read with Section 34 of Indian Penal Code.
2. An investigation was launched against the petitioner and others based on a communication dated -3- NC: 2023:KHC:33088 CRL.P No. 1526 of 2017 16.10.2014, addressed by the Regional Commissioner to respondent No.2 in crime No.77/2014 for offences punishable under Sections 192(a) and 192(b) of the Act. It was alleged that the land bearing Sy.No.155 of Hulimangala village, Jigani hobli, Anekal taluk, was grazing land belonging to the State Government. It was alleged that the then Special Deputy Commissioner, Mr.G.V.Seenappa, though not the incumbent officer yet, passed an order exercising powers under Section 136(3) of the Act in favour of Smt.Ramakka w/o Ramachandra Reddy. Based on a complaint lodged by Mr. A. Suresh Chandrababu, an investigation was conducted and a report was submitted 23.12.2013 to the Principal Secretary, Department of Revenue, who addressed a communication to the Additional Director General of Police, stating that the aforesaid land was illegally granted in favour of Smt.Ramakka and that on verification of the grant register, it was found that the last number in the register was LNDNR.No.95/1978-79, while the said Smt.Ramakka claimed that it was granted in terms of the order bearing -4- NC: 2023:KHC:33088 CRL.P No. 1526 of 2017 No. LND:NR:96/78-79. Therefore, he claimed that documents were created to grab the grazing land and hence, requested respondent No.2 to initiate action against the concerned. Based on this, crime No.77/2014 was registered by respondent No.2 for the aforesaid offences.
3. The investigation was taken up and thereafter a charge sheet was filed against the petitioner-H.Sandeep Singh, Ramakka, M.Gangadhar and Rajappa.Y. The summary of the charge sheet discloses that a fake document was created in the name of the Special Deputy Commissioner to make it seem as if 3 acres 30 guntas of Sy.No.155 of Hulimangala village was granted to Smt.Ramakka and corresponding entries were made in the revenue records.
4. The Trial Court took cognizance of the offences and issued process to the accused. The petitioner, being accused No.4, has challenged the prosecution launched against him primarily on the ground that Hulimangala -5- NC: 2023:KHC:33088 CRL.P No. 1526 of 2017 village did not lie within the jurisdiction of respondent No.2 and therefore he was not authorized to investigate and file a charge sheet against the petitioner.
5.The learned counsel relied upon the notification dated 06.02.2013, issued by the State Government specifying the local areas included within the jurisdiction of the police stations of Bangalore Metropolitan Task Force for the purposes of offences under the Karnataka Municipal Corporation Act, the Bangalore Development Authority Act and various other Acts, including the Karnataka Land Revenue Act, 1964. Therefore, it is contended that Hulimangala was not lying within the local area of respondent No.2 and that respondent No.2 was not entitled to investigate or file a charge sheet against the petitioner.
6. Learned High Court Government Pleader was called upon by this Court by order dated 08.09.2023, to ascertain whether the notification dated 06.02.2013 was superseded by any other notification.
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NC: 2023:KHC:33088 CRL.P No. 1526 of 2017
7.When petition was listed for final hearing, the learned High Court Government Pleader submitted that the notification dated 06.02.2013 is not superseded by any other notification. He further submitted that the lands in Hulimangala village, Jigani hobli, Anekal taluk lay outside the jurisdiction of respondent No.2.
8. In view of the aforesaid submission, it is clear that respondent No.2 was exercising power in respect of an offence which allegedly was committed outside the jurisdiction conferred on it. Hence, respondent No.2 could not have investigated the case against the petitioner and could not file a charge sheet. Consequently, this petition deserves to be allowed. Hence, I pass the following:
ORDER i. The writ petition is allowed. ii. The prosecution of the petitioner in C.C.No.2635/2016 pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed. -7-
NC: 2023:KHC:33088 CRL.P No. 1526 of 2017 iii. This shall not come in the way of any other proceedings that may be initiated by any competent authority.
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JUDGE HDK List No.: 1 Sl No.: 9 CT:STK