Karnataka High Court
M/S Vinayaka Builders And Developers vs The State Of Karnataka on 12 July, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2022
BEFORE
THE HON'BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION No.3396 OF 2018
BETWEEN:
M/S.VINAYAKA BUILDERS AND DEVELOPERS
A REGISTERED PARTNERSHIP FIRM,
HAVING ITS OFFICE AT NO.10/1
LAKSHMINARAYANA COMPLEX
PALACE ROAD, VASANTHANAGAR
BENGALURU-560052
REPRESENTED BY ITS AUTHORIZED SIGNATORY
SRI. LINGARAJA K.M
...PETITIONER
(BY SRI. CHANDRASHEKARA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY BENGALURU METROPOLITAQN TASK FORCE P.S
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560001.
2. TAHASILDAR
OFFICE OF THE TAHASILDAR
BANGALORE SOUTH TLAUK
KANDAYA BHAVAN, K.G ROAD
BENGALURU-560009.
...RESPONDENTS
(BY SRI. S.VISHWAMURTHY, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CRIME
NO.33/2017 OF THE BMTF POLICE STATION, PENDING ON
THE FILE OF THE HON'BLE CHIEF METROPOLITAN
MAGISTRATE, BANGALORE CITY, BANGALORE AND ETC.,
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The respondent No.1 has registered the FIR in Crime No.33/2017 for the offences punishable under Section 192(A) of Karnataka Land Revenue Act and 420 of IPC alleging that the petitioner has encroached Government property and constructed the building illegally. Taking exception of the same petitioner/accused No.2 is before this Court.
2. Learned counsel appearing for the petitioner submits that the FIR registered by the Bangalore Metropolitan Task Force (for short 'the BMTF') herein, is one without authority of law, since BMTF is 3 constituted/authorized and established for the purpose of investigation and prosecution of such offence relating to the unauthorized occupation of land belonging to the Government which is an offence punishable under Karnataka Municipal corporation Act and Bangalore Development Authority Act. In support of the same he places reliance on the order passed by the Co-ordinate Bench of this Court in Crl.P No.5340/2012.
3. On the other hand learned HCGP submits that the petitioner having encroached the Government land and having constructed a building illegally has committed the aforesaid offences thus, causing loss to the Government and as such the registration of the FIR is permissible and the same does not warrant any interference.
4. I have considered the submissions made by the learned counsel for the parties.
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5. The BMTF was established by the Government Order dated 19.03.1996 for detection of commission of any design of committing any offence, of investigation and prosecution of such offence relating to unauthorized occupation of any land which is an offence under the Karnataka Municipal Corporation Act, 1976, the Bangalore Development Authority Act, 1976, the Karnataka Municipality Act, 1964, the Bangalore Water Supply and Sewerage Act, 1964 and the Karnataka Slum Areas (Improvement and Clearance) Act, 1973. A reading of the Government Order clearly indicates that the BMTF is created to investigate the offences punishable under the aforesaid enactments and not to investigate any offences punishable under the provisions of I.P.C. or under the provisions of Karnataka Land Revenue Act. Hence the registration of F.I.R. by the BMTF is one without authority of law. Accordingly I pass the following: 5
ORDER
i) Criminal Petition is allowed.
ii) The impugned FIR in Crime No.33/2017 registered by the BMTF Police Station in so far as petitioner/accused No.2 is hereby quashed.
[ Sd/-
JUDGE PK