Karnataka High Court
Mohan Thomas vs The State Of Karnataka on 29 May, 2018
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY 2018
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.7811/2017
BETWEEN:
MOHAN THOMAS
S/O LATE M.T. THOMAS
@ MICAL THOMAS THOMAS
AGED ABOUT 52 YEARS,
R/AT M/S HOUSING DEVELOPMENT SYNDICATE,
HERITAGE PARTNER - 9, APARTMENT
CHINNAPPANAHALLI, K.R.PURAM HOBLI,
BENGALURU - 560036.
...PETITIONER
(BY SMT. RATTIHALLI GEETA VEERANNA, ADV.)
AND:
1. THE STATE OF KARNATAKA
BY BENGALURU METROPOLITAN TASK FORCE
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, BENGALURU - 560 001
2. S.V. SURESH
REVENUE INSPECTOR
WHITEFIELD, BENGALURU - 560036.
... RESPONDENTS
(BY SRI. SANDESH J. CHOUTA, SPP-II)
THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C.
PRAYING TO QUASH THE CHARGE SHEET FILED BY THE
RESPONDENT IN C.C.NO.112/2013 AND QUASH THE
PROCEEDINGS IN L.G.C.(G)NO.789/2017 AND THE CASE WAS
PENDING BEFORE THE HON'BLE COURT OF KARNATAKA LAND
GRABBING PROHIBITION SPECIAL COURT, BANGALORE.
THIS CRL.P. COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
2
ORDER
The petitioner is arrayed as accused No.5 in C.C.No.112/2013 on the file of the 4th Addl. CMM, Bangalore, which is presently transferred to the Court of Karnataka Land Grabbing Prohibition Special Court, Bengaluru, registered in LGC (G) No.789/2017. The Bengaluru Metropolitan Task Force Police have registered a case in Crime No.46/2012 for the offences punishable under Section 192 (A) (B) of the Karnataka Land Revenue Act r/w Sections 406, 409, 420, 120 (B) r/w Section 34 of I.P.C., which is later culminated in C.C.No.112/2013 after filing of the charge sheet before the 4th Addl.CMM. Totally 18 accused persons were prosecuted in the said case.
2. The brief allegations made against the accused persons are that accused Nos.1 to 9 have conspired between themselves in order to grab the Government property i.e., the Government 'Raja Kaluve' and encroached the same for the purpose of constructing of 3 residential complex. The said 'Raja Kaluve' was passing through Sy.Nos.3 to 14 of Chinnappanahalli village, K.R.Puram, Bengaluru East Taluk. Making allegations that the said 'Kharab land' and 'Raja Kaluve' belonged to them, they have sold the said property in favour of some other persons for the purpose of constructing residential complex.
3. The learned Magistrate has taken cognizance and issued summons to the accused. It is seen from the records that accused Nos. 8, 9 and 10 have already approached this Court by way of Crl.P Nos.3178/2013, 3179/2013 and 3177/2013 and this Court vide order dated 20.03.2014, by a detailed order, has allowed the petitions and quashed the proceedings in C.C.No.112/2013, reserving liberty to the respondent - BMTF Police to start an enquiry into the matter by giving sufficient liberty to the petitioners therein to put- forth their case and conduct the survey of the 4 encroached portion of the Government land i.e., the 'Raja Kaluve' in their presence and thereafter, take appropriate measures in accordance with law.
4. It is seen from the said judgment that this Court has relied upon a reported judgment of this Court in the case of Smt. Lalitha Sastry vs. State of Karnataka represented by its Secretary, DPAL., and others reported in ILR 2008 KAR 4520, wherein this Court has held that:-
"In the event of alleged encroachers producing documents to examine the same and only in the event of the said documents are found to be fabricated or duplicate, to initiate proceedings under Section 192A of the Act. In fact the said procedure contemplated by the Government satisfy the requirement of principles of nature justice, an opportunity is given to these persons to realize whether they have occupied a Government land and if they are convinced to surrender possession to avoid criminal prosecution. That would meet the ends of justice. In that view of the matter, as the 5 criminal prosecution is launched against all these petitioners without affording an opportunity to have their say and in the light of the circular which is passed by the Government, these proceedings cannot be sustained."
5. In view of the above said dictum of this Court and the proceedings in C.C.No.112/2013 being already quashed, so far it relates to accused Nos. 8, 9 and 10 are concerned in the above said criminal petitions and also the proceedings are quashed insofar as accused No. 14 in Crl.P No.702/2013 is concerned, in my opinion, the petitioner who stand on the same footing as that of the above said accused persons, in favour of whom, the proceedings are already quashed is also entitled for the same relief.
6. Under the above said circumstances, without following the said procedure, the learned Magistrate would not have taken cognizance and entertained the charge sheet. Hence, the following order is passed:- 6
(i) The petition is allowed and the prosecution against the petitioner i.e., accused No.5 in C.C.No.112/2013 on the file of the IV Additional Chief Metropolitan Magistrate (ACMM), Bengaluru, which is now pending before the Karnataka Land Grabbing Prohibition Special Court, Bengaluru in NGC (G) No.789/2017 is hereby quashed.
(ii) The BMTF Police, Bengaluru/any competent authority empowered is at liberty to start fresh enquiry in the matter by giving an opportunity to the petitioner in accordance with the directions issued in ILR 2008 KAR 4520 and take appropriate steps, if they find there is an encroachment of land so identified by the BMTF and to file appropriate report to the competent Court in accordance with law.
Sd/-
JUDGE Srl.