Sri Keshava Gowda vs The State Of Karnataka on 30 November, 2020

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Karnataka High Court

Sri Keshava Gowda vs The State Of Karnataka on 30 November, 2020

Bench: Suraj Govindaraj

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 30TH DAY OF NOVEMBER, 2020

                         BEFORE

      THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

           WRIT PETITION NO.13693 OF 2020
Between:
1.   Sri Keshava Gowda,
     S/o Rukmayya Gowda,
     Aged about 44 years,
     R/at Puthaya House,
     Koila Village,
     Kadaba Taluk-574211

2.   Sri.Bommana Gowda,
     S/o Chennappa Gowda,
     Aged about 64 years,
     R/at Puthaya House,
     Koila Village, Kadaba Taluk-574211

3.   Sri.Monappa Gowda
     Yane Divakara Gowda
     S/o Ishwara Gowda,
     Aged about 35 years,
     R/at K.C.Farm,
     Koila Village, Kadaba Taluk-574211

4.   Sri.Ananda Gowda
     S/o Late Mayila Gowda,
     Aged about 47 years,
     R/at Puthaya House,
     Koila Village, Kadaba Taluk-574211

5.   Sril.Veerapa Dasayya
     S/o Nagappa Dasayya,
     Aged about 65 years,
     R/at Paniga House,
     Koila Village, Kadaba Taluk-574211
                                               W.P.No.13693/2020
                                    2




6.     Sri.Chennappa Gowda
       S/o Ishwara Gowda,
       Aged about 65 years,
       R/at Puthaya House,
       Koila Village, Kadaba Taluk-574211.
                                                ....petitioners

(By Sri Suyog Herele.E, Advocate)

And:
1.     The State of Karnataka
       Through Kadaba P.S.
       Represented by the SPP
       High Court of Karnataka Building,
       Bengaluru-560001

2.    The Deputy Director,
      Januvaru Samvardhana and Training Centre,
      Koila Village, Kadaba Taluk,
      D.K-574211.
                                    ... Respondents
(By Sri K Nageshwarappa, HCGP)

      This writ petition is filed under Articles 226 and 227 of
Constitution of India praying to quash the entire proceedings
in C.C.No.1683/2019 on the file of Additional Civil Judge and
JMFC at Puttur D.K. including the FIR, Complaint and Charge
Sheet in Crime No.154/2016 for the alleged offence
Punishable U/S 447 of IPC vide Annexure-A, B, C and D so far
as the petitioners are concerned and etc.

      This writ petition is coming on for Orders this day
through video conference, the Court passed the following:-

                          ORDER

1. Sri Suyog Herele E., learned counsel for the petitioners seeks two weeks time to comply with the office objections.

W.P.No.13693/2020

2. Sri K. Nageshwarappa, learned High Court Government Pleader accepts notice for respondent Nos.1 and 2.

3. The petitioners are before this Court seeking for quashing the entire proceedings in C.C.No.1683/2019 arising out of in Crime No.154/2016 registered by Kadaba Police Station for the offence punishable under Section 447 of IPC pending on the file of Additional Civil Judge and JMFC at Puttur, D.K.

4. It is alleged that certain lands in Sy.No.228, 157-1P, 156-4P(2), 158/4, 158(2) belongs to respondent No.2 which is stated to be sought to be encroached by the petitioners, based on the same complaint dated 17.10.2016 was filed before the Kadaba Police, who have registered NCR in NC 570/PTN/KPS/2016 dated 18.10.2016. On the said date itself a requisition was sent to the Magistrate seeking for permission to register the FIR for the alleged W.P.No.13693/2020 4 offences under Section 447 of IPC and Magistrate endorsed as "permitted" on the said requisition on 18.10.2016.

5. Sri Suyog Herele E., learned counsel for the petitioners is before this Court contending that such an endorsement is contrary to the dicta laid down by this Court in the case of Vaggeppa Gurulinga Jangaligi (Jangalagi) vs. The State of Karnataka, through PSI, Kagwad Police Station, Belagavi reported in ILR 2020 KAR 640. Inasmuch as there is no separate order sheet maintained and there is no application of mind by the Magistrate before permitting investigation and apart from the violation of the decision laid down in Vaggeppa's case the same is in violation of the requirement under Section 155 of Cr.P.C.

6. Having perused the requisition dated 18.10.2016 and also the endorsement of the Magistrate dated 18.10.2016, I am of the considered opinion that the W.P.No.13693/2020 5 mandatory requirements laid down in Vaggeppa's case has not been followed.

7. Hence, the proceedings in C.C.No.1683/2019 arising out of in Crime No.154/2016 registered by Kadaba Police Station for the offence punishable under Section 447 of IPC pending on the file of Additional Civil Judge and JMFC at Puttur, D.K. are hereby quashed.

8. Petition is allowed.

Sd/-

JUDGE GJM

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