Karnataka High Court
Sri H K Krishnamurthy vs The State By Nanjangud Town Police ... on 18 August, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:29436
WP No. 26157 of 2022
C/W WP No. 26158 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 26157 OF 2022 (GM-RES)
C/W
WRIT PETITION NO. 26158 OF 2022 (GM-RES)
IN WRIT PETITION NO. 26157 OF 2022:
BETWEEN:
SRI NAVEEN JOSEPH A, S/O ANTHAPPA
AGED ABOUT 41 YEARS
PERMANENTLY R/AT ALPHONSENAGAR
SRINIVASAPURA POST, C R PATNA TALUK
HASSAN DISTRICT-573 116.
...PETITIONER
(BY SRI. SATISH K, ADVOCATE)
AND:
1. THE STATE BY NANJANGUD TOWN POLICE STATION
Digitally signed by B
REPRESENTED BY SUB INSPECTOR OF POLICE
K
MAHENDRAKUMAR
NANJANGUD, MYSORE-571 302.
Location: HIGH
COURT OF
KARNATAKA
2. THE TAHASILDAR, NANJANGUD TALUK
NANJANGUD, MYSORE-571 302.
...RESPONDENTS
(BY SRI. THEJESH P, HCGP FOR R-1 AND R-2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, 1950 R/W SECTION 482 OF THE
CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO
QUASHING THE IMPUGNED COMPLAINT DATED 26.12.2022
BEARING NO.L.R.F/94/2015-16 GIVEN BY THE RESPONDENT
NO.2 (ANNEXURE-Q) AND THE IMPUGNED FIRST
INFORMATION REPORT DATED 26.12.2022 REGISTERED IN
CRIME NO.150/2022 BY THE RESPONDENT NO.1 (ANNEXURE-
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NC: 2023:KHC:29436
WP No. 26157 of 2022
C/W WP No. 26158 of 2022
R) IN SO FAR AS THE PETITIONER IS CONCERNED (ACCUSED
NO.2).
IN WRIT PETITION NO. 26158 OF 2022:
BETWEEN:
SRI H K KRISHNAMURTHY
S/O LATE KADURAPPA
AGED ABOUT 68 YEARS
RETIRED AS KARNATAKA ADMINISTRATIVE SERVICE
(SENIOR SCALE), R/AT NO. 707, 12TH MAIN
T.K. LAYOUT, MYSURU-570 009.
...PETITIONER
(BY SRI. SATISH K, ADVOCATE)
AND:
1. THE STATE BY NANJANGUD TOWN POLICE STATION
REPRESENTED BY SUB INSPECTOR OF POLICE
NANJANGUD, MYSORE-571 302.
2. THE TAHASILDAR
NANJANGUD TALUK, NANJANGUD
MYSORE-571 302.
...RESPONDENTS
(BY SRI. THEJESH P, HCGP)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, 1950 R/W SECTION 482 OF THE
CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH
THE IMPUGNED COMPLAINT DATED 26.12.2022 GIVEN BY THE
RESPONDENT NO.2 (ANNEXURE-Q) AND THE IMPUGNED FIRST
INFORMATION REPORT DATED 26.12.2022 REGISTERED IN
CRIME NO. 150/2022 BY THE RESPONDENT NO.1 (ANNEXURE-
R), IN SO FAR AS THE PETITIONER IS CONCERNED (ACCUSED
NO.1) AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:29436
WP No. 26157 of 2022
C/W WP No. 26158 of 2022
ORDER
Since these petitions arise out of the same first information report registered in Crime No.150/2022, they are taken up together, heard and disposed of by common order.
2. The respondent No.2 lodged the FIR alleging that, the land bearing Sy.Nos.390, 422 and 424 of Immavu village, Chikkayyana Chatra Hobli, Nanjanguru Taluk, were granted illegally by the Chairman of the Land Tribunal in favour of various persons, and the Tahsildar has mutated the names of persons, who were granted occupancy rights under the said illegal order. It is further alleged that, the lands were acquired by the KIADB. The registration of FIR for the offences punishable under Sections 406, 409, 420, 465, 468, 471, 120(B), 149 of IPC is impugned in this petition by the accused Nos.1 and 2.
3. The learned counsel for the petitioners submits that, the order passed by the Land Tribunal granting occupancy right in respect of the aforesaid lands, of which, the accused No.1 was the Chairman, has been confirmed by this Court in WP No.41048/2011 (DD 22.11.2012), and the same has attained finality. He further submits that, mutation of the names of the persons, who were granted the occupancy right by the Tahisldar, has been confirmed by the Deputy Commissioner in exercise of power under Section 136(3) of the Karnataka Land Revenue Act. Hence, he submits that, the -4- NC: 2023:KHC:29436 WP No. 26157 of 2022 C/W WP No. 26158 of 2022 continuation of investigation will be an abuse of process of law and violative of Article 21 of the Constitution of India.
4. The learned High Court Government Pleader for the respondents - State would submit that, the allegation made in the FIR discloses the commission of offences alleged against the petitioners, and the veracity of the allegation requires to be investigated, and at this stage, the registration of FIR does not warrant any interference.
5. Considered the submissions of the learned counsel for the parties.
6. The petitioners have produced the copy of the order passed by this Court in WP No.41048/2011 (DD 22.11.2012), by which, the order dated 14.9.2011 passed by the Land Tribunal, Nanjangud granting occupancy right in respect of the subject lands to various persons, of which, the petitioner, who was the Chairman of the Land Triabunal, in WP No.26158/2022, has been confirmed. On the basis of the order passed by the Land Tribunal, the Tahisldar has mutated the name of the persons, who were granted occupancy right by the Land Tribunal. The mutation entries effected by the Tahsildar were challenged by the landlord, and the same was negated by the Deputy Commissioner in exercise of power under Section 136(3) of Karnataka Land Revenue Act.
7. The Lokayukta had also conducted an enquiry against the petitioners herein on similar set of allegations, and -5- NC: 2023:KHC:29436 WP No. 26157 of 2022 C/W WP No. 26158 of 2022 the Lokayukta has submitted a report exonerating the petitioners of the charges leveled against them, and the said report has also attained finality.
8. In view of the preceding analysis, the continuation of the investigation will be an abuse of process of law and violative of Article 21 of the Constitution of India. Accordingly, I pass the following:
ORDER
i) Writ petitions stand allowed.
ii) The impugned FIR in Crime No.150/2022 registered by the Nanjangud Town Police Station insofar as it relates to the petitioner in both the writ petitions stands quashed.
Sd/-
JUDGE BKM