Karnataka High Court
Dr. K C Lakshmaiah vs State Of Karnataka on 7 August, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:27694
CRL.P No. 9091 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 9091 OF 2021
BETWEEN:
DR. K.C. LAKSHMAIAH,
S/O SRI. CHINNAGIRIYAPPA,
AGED ABOUT 63 YEARS,
RESIDING AT NO.E1/20,
3RD FLOOR, 1ST FLOOR,
SYNDICATE BANK COLONY,
ARAKERE, K.G. ROAD,
BENGALURU - 560 076.
(OWNER OF SURVEY NO.45/5)
...PETITIONER
(BY SRI. G. M. SRINIVASAREDDY, ADVOCATE)
AND:
Digitally signed by B
K
1. STATE OF KARNATAKA,
MAHENDRAKUMAR
Location: HIGH R/BY BENGALURU METROPOLITAN
COURT OF
KARNATAKA
TASK FORCE (BMTF) POLICE STATION,
B.B.M.P., CENTRAL OFFICE,
BENGALURU - 560 002.
2. SRI. BALAJI M. T.,
S/O. THIMMAIAH,
AGED ABOUT 37 YEARS,
ASSISTANT EXECUTIVE ENGINEER,
STORM WATER DRAIN,
BOMMANAHALLI ZONE,
B.B.M.P., 9TH FLOOR,
JAYANAGAR SHOPPING COMPLEX,
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NC: 2023:KHC:27694
CRL.P No. 9091 of 2021
4TH BLOCK, JAYANAGAR,
BENGALURU - 560 011.
...RESPONDENTS
(BY SMT. RASHMI JADHAV, HCGP FOR R1;
SRI. B. L. SANJEEV, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING PLEASED TO QUASH THE FIR AND
COMPLIANT REGISTERED AGAINST THE PETITIONER IN
CR.NO.6/2021 REGISTERED BY THE Ist RESPONDENT
BENGALURU METROPOLITAN TASK FORCE (BMTF) FOR THE
OFFENCE P/U/S.192(A) OF KLR ACT, 1964 R/W SEC.420 OF IPC
PENDING ON THE FILE OF THE CHIEF METROPOLITAN
MAGISTRATE BENGALURU CITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner who is sought to be prosecuted for the offences punishable under Section 192-A of Karnataka Land Reforms Act and Section 420 of IPC is before this Court.
2. The FIR was lodged by the second respondent alleging that the Assistant Executive Engineer has submitted a report stating that, the petitioner who is the owner of site bearing No.104 situated in Survey No.45/5 of Gottigeri village of Bengaluru South Taluk, Ward No.194 has violated BBMP byelaws and encroached the Raja Kaluve and buffer zone and the constructed apartments. The registration of the FIR in the aforesaid offences is impugned in this petition.
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3. The issue involved in this petition was examined by the Co-ordinate Bench of this Court in Criminal Petition No. 253/2013, wherein at para Nos.5 and 6 read as follows:
"5. As far as the first contention is concerned, in view of Section 265 of KMC Act, the construction made on all sewers, drains, drainage works, tunnels and culverts whether at the cost of Corporation fund or otherwise are the properties of the Corporation. Even assuming that the said property is a Government land, before initiating the proceedings under Section 192-A of the KLR Act the procedure prescribed in a general circular bearing No.RD 674 LGB 2008 dated 08.09.2008 issued by the Principal Secretary to Govt., Revenue Department (Land Grant) has to be followed. As per the said circular an opportunity has to be given by issuing show cause notice to the alleged encroachers or the officials of BBMP, but in the instant case no such procedure is followed by either the revenue officials or the police.
6. In respect of the second contention, the counsel for the petitioner has relied on an unreported decision dated 21.01.2015 in Criminal Petition No.1992/2013 wherein it is observed that in WP Nos.7246-7250/2013 and connected matters dated 10.10.2013 wherein, it is held that BMTF has no -4- NC: 2023:KHC:27694 CRL.P No. 9091 of 2021 jurisdiction to investigate the case under the Indian Penal Code. Under these circumstances, the proceedings initiated against the BBMP officials cannot be sustained".
In view of the above, proceedings initiated against petitioner will be an abuse of process of law. Accordingly, I pass the following.
ORDER i. Criminal Petition is allowed.
ii. The impugned FIR in Crime No.06/2021 registered by the Bengaluru Metropolitan Task Force (BMTF), Bengaluru is hereby quashed.
iii. Liberty is reserved to the Government to issue notice in the light of the circular dated 08.09.2008 issued by the Principal Secretary to Government Revenue Department and thereafter to take appropriate action in accordance with law.
Sd/-
JUDGE KBM