Karnataka High Court
State Of Karnataka vs Sri Narasimhamurthy on 2 December, 2020
Author: John Michael Cunha
Bench: John Michael Cunha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF DECEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA
CRL.RP. NO.683/2020
C/W
CRL.RP. NOS.673/2020, 674/2020, 677/2020, 678/2020,
679/2020, 680/2020, 682/2020, 717/2020, 718/2020,
719/2020, 720/2020, 721/2020,722/2020, 723/2020,
724/2020, 725/2020, 726/2020, 727/2020, 728/2020,
729/2020, 730/2020, 731/2020, 732/2020, 733/2020,
734/2020, 735/2020, 736/2020, 738/2020, 740/2020
AND 668/2020
IN CRL.RP. NO.683/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
2
AND
SRI NARASIMHAMURTHY,
S/O LATE NARASIMAIAH,
AGED ABOUT 49 YEARS,
KA-08-T-4606/07,
MACHENAHALLY,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA - 562 101
KARNATAKA.
...RESPONDENT
(NOTICE TO RESPONDENT DISPENSED WITH
V/O DATED 2/12/2020.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.159/2017 BY THE PRINCIPAL CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
R.42(1) OF KMMCR AND SEC.3 OF PDPP ACT.
IN CRL.RP. NO.673/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. SRI BABUREDDY N.T,
S/O THIMMAREDDY,
3
AGED ABOUT 51 YEARS,
OCC: DRIVER,
CHIKKAKURUGODU VILLAGE,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA,
KARNATAKA-562101.
2. SMT. SHASHIKALA,
W/O BABUREDDY NT,
AGED ABOUT 50 YEARS,
OCC: HOUSEWIFE,
CHIKKAKURUGODU VILLAGE,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA,
KARNATAKA-562101.
...RESPONDENTS
(NOTICE TO RESPONDENTS DISPENSED WITH
VIDE COURT ORDER DATED 02/12/2020.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.73/2019 BY THE ADDITIONAL CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
R.42(1) OF KMMCR AND SEC.3 OF PDPP ACT.
IN CRL.RP. NO.674/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
4
AND
1. SRI NARASIMHAIAH,
S/O NARASIMHAPPA,
AGE 50 YEARS,
IDAGURU,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA,
KARNATAKA-561208.
2. SRI NAGARAJ,
S/O BHEEMAIAH,
AGE 35 YEARS,
IDAGURU VILLAGE,
KASABA HOBLI,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA-561208.
...RESPONDENTS
(NOTICE TO RESPONDENTS DISPENSED WITH
V/O DATED 02/12/2020.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.263/2016 BY THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND
JMFC, GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC
R/W SEC.42(1) OF KMMCR AND SEC.3 OF PDPP ACT.
IN CRL.RP. NO.677/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
5
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
SRI NARESHA B,
S/O. RAMAJINEYULU,
AGED ABOUT 36 YEARS,
OCC: DRIVER,
NO.17-6-17, HASANABADA
NEAR SAI BABA TEMPLE,
HINDU,
HINDUPURA TALUKU,
ANANTAPUR,
ANDHRA PRADESH-515201.
...RESPONDENT
(NOTICE TO RESPONDENT DISPENSED WITH
V/O DATED 02/12/2020.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.74/2019 BY THE ADDITIONAL CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
SEC.42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.678/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
6
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. SRI KRISHNAPPA
S/O LATE MALLAPPA,
AGE 60 YEARS,
MARIMAKALAHALLY,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA,
KARNATAKA-562101.
2. SRI BHEEMANNA,
S/O LATE CHOWDAIAH,
AGE 65 YEARS,
IDAGURU VILLAGE,
KASABA HOBLI,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA,
KARNATAKA-562101.
3. SRI SATISH
S/O BEMMANNA,
AGE 36 YEARS,
IDAGURU VILLAGE,
KASABA HOBLI,
GOWRIBIDANUR TALUK,
CHIKBALLAPURA-562101.
...RESPONDENTS
(NOTICE TO RESPONDENTS DISPENSED WITH
V/O DATED 02/12/2020.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.999/2015 BY THE ADDL. CIVIL JUDGE (JR.DN.) AND
7
JMFC, GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC
R/W 42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.679/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
SRI SHIVARAMREDDY,
S/O LATE MATTATHIMMARE,
AGE 55 YEARS,
GANGANMMA LAYOUT,
HEBBALA, BENGALURU CITY.
...RESPONDENT
(NOTICE TO RESPONDENT DISPENSED WITH
V/O DATED 2/12/2020.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.444/2016 BY THE PRL.CIVIL JUDGE (JR) AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
8
IN CRL.RP. NO.680/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. ASHWATHANARAYANA
S/O NARAYANAPPA,
AGE 45 YEARS,
IDAGURU VILLAGE,
CHIKKABALLAPURA,
2. NAGARAJU
S/O KOTHIGANGAPPA,
AGE 48 YEARS,
IDAGURU,
GOWRIBIDANUR TALUK.
3. NARASAMMA,
W/O LATE NARAYANAPPA,
TRACTOR OWNER,
AGE 80 YEARS,
IDAGURU VILLAGE,
KASABA HOBLI,
GOWRIBIDANUR TALUK.
...RESPONDENTS
(NOTICE TO RESPONDENTS DISPENSED WITH
V/O DATED 02/12/2020.)
9
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.376/2016 BY THE PRL.CIVIL JUDGE (JR) AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.682/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
SRI J.KRISHNA REDDY @
RAGGU BABU,
S/O JAYARAMAREDDY,
AGED ABOUT 30 YEARS,
OCC: FARMER,
KA-40-M-5709 TRACTOR & TRALLY
DRIVER AND OWNER,
VEERLGOLLAHALLI,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA,
KARNATAKA-562101.
PERMANENT ADDRESS
VEERLGOLLAHALLI,
GOWRIBIDANUR TALUK,
10
CHICKBALLAPURA,
KARNATAKA-562101.
...RESPONDENT
(NOTICE TO RESPONDENT DISPENSED WITH
V/O DATED 02/12/2020.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.614/2018 BY THE ADDITIONAL CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
42(1) OF KMMCR AND SEC.3 OF PDPP ACT.
IN CRL.RP. NO.717/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. SRI SADIQ ALI,
S/O ALIJAFER,
AGED ABOUT 34 YEARS,
ALIPURA,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA-562101,
KARNATAKA.
2. SRI VENKATESHA,
S/O SUBRAMANYA PULAGANA,
11
AGED ABOUT 34 YEARS,
KA-07, 8277,
SRI VINAYAKA LORRY,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA-562101,
KARNATAKA.
...RESPONDENTS
(NOTICE TO RESPONDENTS DISPENSED WITH
V/O DATED 02/12/2020.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.377/2016 BY THE PRL.CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.718/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
ASHOKA,
S/O SOMANNA
AGED ABOUT 35 YEARS
OCC: LORRY DRIVER (KA-07-9126)
AND OWNER,
12
KADALAVENI VILLAGE,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA, KARNATAKA.
...RESPONDENT
(NOTICE TO RESPONDENT DISPENSED WITH
V/O DATED 02/12/2020.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.443/2016 BY THE PRL.CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S 379 OF IPC R/W
42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.719/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. SRI RAJESHA
S/O SUBBARAYAPPA,
AGED ABOUT 36 YEARS,
MARASANDRA,
CHICKBALLAPURA,
KARNATAKA.
2. RAJANNA,
S/O LAKSHMINARASAPPA,
13
AGED ABOUT 50 YEARS,
GUNJURU VILLAGE,
BENGALURU CITY,
KARNATAKA.
3. SRI SHAMANNA,
S/O. LATE CHANNARAYAPPA,
AGED ABOUT 64 YEARS,
KA-50-5791,
SRI CHANNAKESHWASWAMY LORRY,
HEBBALA, BENGALURU,
KARNATAKA.
...RESPONDENTS
(NOTICE TO RESPONDENTS DISPENSED WITH
V/O DATED 02/12/2020.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.26/2016 BY THE PRL.CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.720/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
14
AND
SRI ANIL,
S/O BALAKRISHNAREDDY,
AGE 35 YEARS,
CHIKKAKURUGODU VILLAGE,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA.
...RESPONDENT
(NOTICE TO RESPONDENT DISPENSED WITH
V/O DATED 02/12/2020.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.735/2016 BY THE PRL.CIVIL JUDGE (JR) AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S 379 OF IPC R/W
42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.721/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
SRI ASHWATHARAO
S/O GANESHRAO,
AGE 45 YEARS,
15
HUSAINPURA VILLAGE,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA,
KARNATAKA.
...RESPONDENT
(VIDE ORDER DTD 02/12/2020 NOTICE TO RESPONDENT
IS DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.24/2016 BY THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND
J.M.F.C., GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC
R/W 42(1) OF K.M.M.C.R. AND SECTION 3 OF P.D.P.P ACT.
IN CRL.RP. NO.722/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
SRI ASHWATHAPPA,
S/O HANUMANTHAPPA,
AGED ABOUT 40 YEARS,
OCC: FARMER,
KA-40-T-5372 TRACTOR,
RAMAPURA VILLAGE,
GOWRIBIDANUR TALUK,
16
CHICKBALLAPURA,
KARNATAKA-562101.
...RESPONDENT
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENT
IS DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.156/2017 BY THE ADDITIONAL CIVIL JUDGE AND
J.M.F.C., GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC
R/W 42(1) OF K.M.M.C.R. AND SECTION 3 OF P.D.P.P ACT.
IN CRL.RP. NO.723/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
SRI C.S.ASHOK,
S/O HANUMAIAH,
AGED ABOUT 36 YEARS,
S/O HANUMAIAH,
CHICKAKURUGODU VILLAGE
KASABA HOBLI,
GOWRIBIDANUR TALUK,
17
CHICKBALLAPURA,
KARNATAKA-562101.
...RESPONDENT
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENT
IS DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.259/2015 BY THE CIVIL JUDGE AND J.M.F.C.,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
42(1) OF K.M.M.C.R. AND SECTION 3 OF P.D.P.P ACT.
IN CRL.RP. NO.724/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
KRISHNAREDDY,
S/O JAYARAMAREDDY,
VEERLAGOLLAHALLY,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA-562101.
...RESPONDENT
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENT
IS DISPENSED WITH.)
18
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.44/2016 BY THE PRL.CIVIL JUDGE (JR) AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.725/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. SRI RAVIKUMAR,
S/O NANJUNDAPPA,
DRIVER, AGE 44 YEARS,
RAMAPURA,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA,
KARNATAKA-561208.
2. SRI DHALAPPA,
S/O LATE NARASIYAPPA
AGE 79 YEARS,
OWNER, KURUDI VILLAGE,
HOSURU HOBLI,
19
GOWRIBIDANUR TALUK,
CHICKBALLAPURA-561208.
...RESPONDENTS
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENTS
ARE DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.139/2017 BY THE PRL.CIVIL JUDGE (JR) AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S 379 OF IPC R/W
42(1),4(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.726/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. SRI MANJUNATHA
S/O MALURAPPA,
AGE 28 YEARS, HALAGANAHALLY,
KASABA HOBLI, GOWRIBIDANUR TALUK,
CHICKBALLAPURA-561208.
2. SRINATHA,
S/O GOVINDAPPA,
AGED 38 YEARS,
ALAKAPURA,
20
THONDEBAVI HOBLI,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA-561208.
...RESPONDENTS
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENTS
ARE DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.155/2017 BY THE PRL.CIVIL JUDGE (JR) AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S 379 OF IPC R/W
42(1),4(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.727/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. SRI NAGARAJU Y,
S/O NARASIMHAREDDY,
AGED ABOUT 55 YEARS,
INDIRANAGAR, KARIOBANAHALLY,
BENGALURU-73.
2. SRI VENKATARAVANAPPA,
S/O LATE NANJUNDAPPA,
AGED ABOUT 60 YEARS,
21
HAMPASANDRA VILLAGE,
HOSUR HOBLI, GOWRIBIDANUR TALUK,
CHICKBALLAPURA, KARNATAKA-562101.
3. SRI P.SRINIVASAREDDY,
S/O LATE VENKATARAMAREDDY,
AGED ABOUT 40 YEARS,
HONAMPALLY VILLAGE,
PARGI MANDALAM, HINDUPURA TALUK,
ANANTAPUR, ANDHRA PRADESH-510051.
4. SRI G.SREENATHA,
S/O. GOVINDAPPA, AGED ABOUT 40 YEARS,
ALAKAPURA VILLAGE,
THONDEBAVI HOBLI, GOWRIBIDANUR TALUK,
CHICKBALLAPURA, KARNATAKA-562101.
...RESPONDENTS
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENTS
ARE DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.260/2015 BY THE ADDITIONAL CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S 379 OF IPC R/W
42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.728/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
22
AND
1. SRI CHANDRA R,
S/O RODDAPPA, AGED ABOUT 33 YEARS,
OCC: FARMER, NADUVALAHALLY VILLAGE,
GOWRIBIDANUR TALUK, CHICKBALLAPURA,
KARNATAKA-562101.
2. SRI RAMAIAH @ RAMAPPA,
S/O RODDAPPA, OCC: FARMER,
KA-40, T-1624-25 TRACTOR &
TRAILER R, GOWRIBIDANUR TALUK,
CHICKBALLAPURA, KARNATAKA-562101.
...RESPONDENTS
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENTS
ARE DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.269/2018 BY THE ADDITIONAL CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S 379 OF IPC R/W
42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
IN CRL.RP. NO.729/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
SRI H.M.KHADAR BASHA,
S/O MAHAMAD FAKRUDDIN,
AGE 40 YEARS, HIREBIDANURU,
23
GOWRIBIDANUR TOWN,
CHIKKABALLAPURA-562101.
...RESPONDENT
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENT
IS DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.863/2015 BY THE ADDITIONAL CIVIL JUDGE (JR.) AND
JMFC, GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC
R/W SEC.42(1) OF KMMCR AND SEC.3 OF PDPP ACT.
IN CRL.RP. NO.730/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. SRI SANTHOSH
S/O HANUMANTHARAYAPPA,
AGE 25 YEARS,
GUNDENAHALLI VILLAGE,
HOSURU HOBALI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA,
KARNATAKA-562101.
24
2. SRI HANUMANTHARAYAPPA,
S/O LATE CHIKKA ANJINAPPA,
AGE 64 YEARS,
GUNDENAHALLI VILLAGE,
HOSURU HOBALI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA-562101.
...RESPONDENTS
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENTS
ARE DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.952/2017 BY THE PRINCIPAL CIVIL JUDGE (JR.) AND
JMFC, GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC
R/W SEC.42(1) OF KMMCR AND SEC.3 OF PDPP ACT.
IN CRL.RP. NO.731/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
SRI RAJESH
S/O LATE SUBBARAYAPPA,
AGE MAJOR, MARASANDRA,
HESARAGATTA HOBLI,
25
BENGALURU, KARNATAKA-562101.
...RESPONDENT
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENT
IS DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.30/2016 BY THE PRINCIPAL CIVIL JUDGE (JR.) AND
JMFC, GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC
R/W SEC.42(1) OF KMMCR AND SEC.3 OF PDPP ACT.
IN CRL.RP. NO.732/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. SRI RAJESH G,
S/O LATE GANGADHARAPPA,
AGED ABOUT 42 YEARS,
OCC: DRIVER,
KA-40-A-0177
WHITE COLOUR CANTER,
MADANAHALLY,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA,
26
KARNATAKA-562101.
2. SRI RAJESH T,
S/O THIMMAIAH,
AGED ABOUT 31 YEARS,
UPPARA COLONY,
GOWRIBIDANUR TOWN,
CHICKBALLAPURA,
KARNATAKA-562101.
...RESPONDENTS
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENTS
ARE DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.38/2016 BY THE PRINCIPAL CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
SEC.42(1) OF KMMCR AND SEC.3 OF PDPP ACT.
IN CRL.RP. NO.733/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. SRI RAVIKUMAR
S/O RAMAKRISHNAPPA,
27
AGE 31 YEARS,
KUDUMALAKUNTE VILLAGE
KASABA HOBLI,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA,
KARNATAKA-561208.
2. SRI NAGARAJA,
S/O NARAYANAPPA,
AGE 35 YEARS,
KUDUMALAKUNTE VILLAGE,
KASABA HOBLI,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA-561208.
3. SRI NYATHAPPA
S/O LATE PULA GANGAPPA,
AGE 61 YEARS,
CHOWLURU VILLAGE,
HINDUPURA MANDALAM,
ANANTHAPURA,
ANDRA PRADESH-510051.
...RESPONDENTS
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENTS
ARE DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.258/2015 BY THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND
J.M.F.C, GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC
R/W SEC.42(1) OF K.M.M.C.R. AND SEC.3 OF P.D.P.P. ACT.
IN CRL.RP. NO.734/2020
BETWEEN
THE STATE OF KARNATAKA
28
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. NAGARAJU
S/O. CHICKAGANGAPPA,
AGED ABOUT 28 YEARS,
OCC: LORRY DRIVER
HOSAHALLI VILLAGE,
KODIGEHALLI HOBLI,
MADUGIRI TALUK,
TUMKURU DISTRICT.
2. SRI BALAJI VISHWANATHA REDDY,
AGED ABOUT 31 YEARS,
OCC: LORRY DRIVER
AND OWNER.
...RESPONDENTS
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENTS
ARE DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.25/2016 BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C.,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
42(1) OF K.M.M.C.R. AND SECTION 3 OF P.D.P.P ACT.
29
IN CRL.RP. NO.735/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
1. SRI TIPPANNA
S/O. LATE BUDDAPPA,
AGE 55 YEARS,
NAGAREDDY BADAVANE,
KASABA HOBLI,
GOWRIBIDANUR TOWN,
CHIKKABALLAPURA-573112.
2. SRI KRISHNAMURTHY,
AGE 30 YEARS,
CHIKCKALINGAIAH,
NAGAREDDY BADAVANE,
GOWRIBIDANURU TOWN,
CHICKABALLAPURA-573112.
...RESPONDENTS
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENTS
ARE DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.820/2016 BY THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND
30
J.M.F.C., GOWRIBIDANUR FOR THE OFFENCE P/U/S 379 OF IPC
R/W 42(1) OF K.M.M.C.R. AND SECTION 3 OF P.D.P.P ACT.
IN CRL.RP. NO.736/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
GIRISHA
S/O LATE CHICKAPPAIAH,
BALERLAHALLI,
THONDEBAVI HOBLI,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA-562101.
...RESPONDENT
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENT
IS DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.902/2016 BY THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND
J.M.F.C., GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC
R/W 42(1) OF K.M.M.C.R. AND SECTION 3 OF P.D.P.P ACT.
31
IN CRL.RP. NO.738/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
SRI DODDAGANGAPPA
S/O LATE GANGAPPA,
AGED ABOUT 68 YEARS,
CHICKAKURUGODU,
GOWRIBIDANUR,
CHICKBALLAPURA-562101,
KARNATAKA.
...RESPONDENT
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENT
IS DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.142/2017 BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C.,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
42(1) OF K.M.M.C.R. AND SECTION 3 OF P.D.P.P ACT.
32
IN CRL.RP. NO.740/2020
BETWEEN
THE STATE OF KARNATAKA
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
SRI B.N.MARUTHI PRASAD,
S/O NARASIMHAPPA,
KADIRENAHALLY,
AGED ABOUT 44 YEARS,
GOWRIBIDANUR TALUK,
CHIKKABALLAPURA,
KARNATAKA-562101.
...RESPONDENT
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENT
IS DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.22/2016 BY THE PRINCIPAL CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S.379 OF IPC R/W
SEC.42(1) OF KMMCR AND SEC.3 OF PDPP ACT.
IN CRL.RP. NO.668/2020
BETWEEN
THE STATE OF KARNATAKA
33
BY GOWRIBIDANUR RURAL POLICE,
GOWRIBIDANUR,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 01.
...PETITIONER
(BY SRI ROHITH B.J, HCGP.)
AND
SRI NARASIMHAIAH,
S/O. NARASIMHAPPA,
OCC: TRACTOR DRIVER AND OWNER
(KA-40-M-5585),
IDAGURU VILLAGE,
KASABA HOBLI,
GOWRIBIDANUR TALUK,
CHICKBALLAPURA,
KARNATAKA-561208.
...RESPONDENT
(VIDE ORDER DATED 02/12/2020 NOTICE TO RESPONDENT
IS DISPENSED WITH.)
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING
TO SET ASIDE THE ORDER DATED 09.03.2019 PASSED IN
C.C.NO.723/2016 BY THE PRL.CIVIL JUDGE AND JMFC,
GOWRIBIDANUR FOR THE OFFENCE P/U/S 379 OF IPC R/W
42(1) OF KMMCR AND SECTION 3 OF PDPP ACT.
THESE CRIMINAL REVISION PETITIONS COMING ON FOR
'ORDERS', THIS DAY THE COURT MADE THE FOLLOWING:
34
COMMON ORDER
There is some delay in filing these revision petitions. Though normally no orders are passed by this court on the applications for condonation of delay without notice to the respondents, yet, in all these revision petitions, the State has challenged the proceedings of the Lok-Adalat on the ground of non-compliance of the procedural requirement of Section 23A(1) of MMDR Act, which could be disposed of without affecting the rights of the respondents and without disturbing the awards passed by the Lok-Adalat, notice to the respondents is dispensed with. Accordingly, the applications filed in respective petitions seeking condonation of delay are allowed. Delay condoned.
Since common questions of law and facts are involved in all these petitions, these revision petitions are heard and disposed of by a common order.
Heard learned HCGP Sri. Rohith.B.J. appearing for petitioner-State and perused the records. 35
2. The State has challenged the proceedings of the Lok Adalat dated 09.03.2019 whereby the applications filed by the respondents herein / accused under Section 23A(1) of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as "MMDR Act") read with Section 320 of Cr.P.C. have been allowed and the offences alleged against the respective respondents / accused under Section 379 of IPC and Rules 42(1), 4(1) of the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as 'KMMC Rules') are permitted to be compounded and consequently the respondents / accused are discharged of the alleged offences by levying different amount of fine.
3. In order to appreciate the facts leading to the above petitions, the proceedings conducted by the Lok Adalat dated 09.03.2019, as recorded in one of the cases namely Crime No.349/2016 (Criminal Revision Petition No.683/2020) is reproduced herebelow:
Case is called out before Lok Adalath.
Accused and their counsels are present.36
The prosecution has initiated and filed charge sheet against the accused person for the offence under Sec.379 of IPC., under Rule 42(1) of KMMCR and Sec.3 of PDPP Act.
The Sec.379 of IPC is compoundable in nature in view of Sec.23A(1) of the MMRD Act 1957.
Therefore as the offences are compoundable in nature in view of Central MMRD Rules 60(a) we are of the view that though the learned Assistant Public Prosecutor has intimated that no authorized officer has been consented for compound, but the accused person are made an application to compound the offences and as such only on the ground of no consent from authorized officers the application made by the accused person cannot be ignored.
However while compounding the case the interest of Government may be met out in imposing the fine in view of Sec.23A(1) of Mines and Mineral (Regulation and Development Act.) 1957.
The MMRD amendment came into force on 12.01.2015 by amending Sec.4, 4(1)(a), 21 and 30 which committed on or after 12.01.2015. But in this case the prosecution has not invoked such Sections.
Hence the application made by the accused person is allowed and permitted to compound the offence and in view of compoundable of offence Accused is directed to pay fine of Rs.1500/- (as estimated by Mines and Geology Department report enclosed with charge sheet). Accordingly the Accused have been discharge for the alleged offences, (Total fine of Rs.1500/-) Accordingly case is disposed of in the Lok Adalath. Office has to collect the fine amount.
Sd/-
09.03.2019 Judicial Conciliator (sic) 37
4. Learned HCGP contends that though Lok Adalat has jurisdiction to pass awards based on the compromise or settlement arrived at by the parties in respect of compoundable offences under IPC or other laws, but insofar as the offences under the provisions of MMDR Act are concerned, in view of Section 23A of the MMDR Act, application to compound the offences punishable under the Act could be filed only by the persons authorized under Section 22 of the MMDR Act to make an application to the court with respect to those offences. It is the submission of learned HCGP that in the instant cases, applications were moved by the respective accused and not by the authorized officer and therefore the Lok-Adalat had no jurisdiction to receive the applications and to permit composition of the alleged offences under the MMDR Act and the Rules framed thereunder without the concurrence of the authorized officer, as a result, the impugned proceedings / awards to that extent are bad in law and are liable to be set-aside.
5. On perusal of the impugned orders, it is noticed that the State was represented by the learned Asst. Public Prosecutor 38 before the Lok-Adalat and during the course of conciliation, he submitted before the Conciliator that he was disabled to consent for compounding for the reason that the authorized officer alone was empowered to compound the offences under the provisions of the Act. However, the Judicial Conciliator overruled this objection and permitted the accused to compound the offences on the specious reasoning that "offences under MMDR Act are compoundable in nature in view of Rule 60(a) of the Central MMDR Rules" and further "amendment to MMDR Act came into force on 12.01.2015 by amending Sections 4, 4(1)(a), 21 and 30 which were committed on or after 12.01.2015".
6. The reasoning assigned by the learned Judicial Member/Conciliator in my view is palpably wrong and contrary to the provisions of the MMDR Act. First and foremost, the Central MMDR Rules referred by the learned Judicial Conciliator is not found in the statute book authorizing the Conciliator or the Court to permit composition of the offences at the instance of the accused. On the other hand, section 23A(1) of the MMDR Act in unambiguous terms lays down that, an offence punishable under 39 the Act or any Rule made thereunder either before or after the institution of the proceedings, could be compounded by the person authorized under Section 22 of the MMDR Act to make a complaint to the court with respect to that offence, on payment to that person, for credit to the Government, of such sum as that person may specify. This section therefore makes it clear that a composition could be permitted on payment of the compounding charges as determined by the authorized officer and that the amount determined by him is paid into the credit of the Government, only then the authorized officer could compound the offences punishable under the Act or the Rules framed thereunder. This rule cannot be construed as empowering either the court or the Lok Adalat to permit composition without the concurrence of the authorized officer, much less, at the instance of the accused.
7. It is trite law that when a thing is required to be done in a particular manner, it has to be done in that manner or not at all. Neither the Act nor the Rules framed thereunder confer jurisdiction in any person or authority other than the 40 authorized officer to compound the offences under the provisions of the Act. Under the said circumstances, learned Member / Judicial Conciliator, in my view, could not have permitted composition of the alleged offences at the instance of the accused, that too, on the erroneous application of the law that, the MMDR amendment Act came into force on 12.01.2015 by amending Sections 4, 4(1)(a), 21 and 30 of the Act, as observed in the impugned proceedings / award. To that extent, the reasoning assigned in the impugned proceedings and the consequent awards passed by the Lok Adalat permitting composition of the alleged offences being opposed to Section 23A of the MMDR Act are liable to be set-aside.
8. Apart from the above, it is also noticed that eventhough the Lok Adalat has permitted the respective accused to compound the alleged offences under section 379 of IPC, Rules 42(1), 4(1) of the KMMC Rules, 1994, perusal of the charge sheets indicate that charges have been leveled against the accused not only for the offences under section 379 of IPC and Rule 42(1), 4(1) of KMMC Rules, but also under section 3 of 41 the Prevention of Damage to Public Property Act, 1984 (hereinafter referred to as "PDPP Act"). There is no mention of this offence in the impugned proceedings or the awards passed by the Lok Adalat. On going through the charge sheets, I find that in addition to the above offences, there are also allegations to the effect that the accused were involved in theft and transportation of sand in tractors without valid permits attracting the ingredients of the offence under section 4(1) of MMDR Act.
There is no direction to discharge the accused of the offences under the provisions of MMDR Act or section 3 of PDPP Act. This omission clearly suggests that the learned Judicial Conciliator has conducted the proceedings without application of mind and without looking into the records and without considering the accusations leveled against the petitioners.
9. Be that as it may, as the Lok Adalat has permitted composition of the above said offences and has discharged the respondents / accused therein, learned HCGP fairly submitted that at this length of time, the State does not intend to reopen the orders passed by the Lok Adalat except to the extent that 42 the position of law arising out of section 23A of MMRD Act be clarified and appropriate directions be issued to the Lok Adalats dealing with the matters arising out of the applications of this nature while permitting composition for the offences under the provisions of this Act.
10. To get over the legal hurdle discussed above, learned HCGP has filed separate applications in each of the petitions permitting composition of the offences alleged against the respondents / accused under section 23A(1) of the MMDR Act.
11. In the light of the above submissions and in view of the applications filed by the authorized officer under Section 23A(1) of MMDR Act, the awards passed by the Lok Adalat in the above proceedings are confirmed.
Consequent to the above discussion, the following directions are issued:-
(i) Whenever a prayer for compounding the offences punishable under the provisions of MMDR Act and the Rules thereunder is made before the Court or the Lok Adalat, the Court or 43 the Lok Adalat shall ensure that application in this regard is filed by the authorized officer in terms of section 23A(1) of the MMDR Act;
(ii) The Conciliator shall ensure that the payment as determined by the authorized officer is paid to the credit of the Government;
(iii) In case of an offence punishable with fine only, the compounding charges shall not exceed the maximum amount of fine which may be imposed for that offence.
A copy of this order be forwarded to the Member Secretary, Karnataka State Legal Services Authority, Bengaluru, with a direction to circulate the same to High Court Legal Services Committees and District Legal Services Authorities, for issuing necessary instructions to the Members presiding over the Lok-Adalats.
The petitions stand disposed of in terms of the above order.
Sd/-
JUDGE Chs/bss/-
CT-HR