B M Thirkugoudar vs State Of Karnataka on 5 February, 2014

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Karnataka High Court

B M Thirkugoudar vs State Of Karnataka on 5 February, 2014

Bench: H.N.Nagamohan Das

                           1


     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 5TH DAY OF FEBRUARY, 2014

                        BEFORE

     THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS

            CRIMINAL PETITION NO.7551/2012

BETWEEN:

1.    B.M.THIRKUGOUDAR,
      S/O SRI MALLAPANAGOUDAR,
      AGED 56 YEARS,
      OCCUPATION: TOWN PLANNER,
      MEMBER, BANGALORE
      DEVELOPMENT AUTHORITY,
      BANGALORE,
      RESIDING AT FLAT NO.111,
      PRESTIGE SOUTH RIDGE,
      HOSEKEREHALLI,
      100 FEET ROAD, BSK III STAGE,
      BANGALORE-560 085.

2.    A.V. RANGESH,
      S/O A.M. VANKATESH,
      AGED 56 YEARS,
      OCCUPATION: ADDITIONAL DIRECTOR OF
      TOWN & COUNTRY PLANNING,
      BRUHAT BANGALORE
      MAHANAGARA PALIKE,
      RESIDING AT NO.7,
      10TH MAIN ROAD,
      JAYANAGAR, 3RD BLOCK,
      BANGALORE-560041.
                                     ... PETITIONERS

(BY SRI P.PRASANNA KUMAR, ADV.)
                               2


AND:

1.     STATE OF KARNATAKA,
       REPRESENTED BY
       BANGALORE METROPOLITAN
       TASK FORCE (BMTF),
       BANGALORE,
       REPRESENTED BY ITS
       STATE PUBLIC PROSECUTOR,
       HIGH COURT BUILDING,
       BANGALORE-560001.

2.     SRI L.NAGESH,
       S/O LAKSHMANA,
       AGED 37 YEARS,
       RESIDING AT NO. 783,
       HOGEBANDI GARDEN,
       BEGUR-HULLIMAVU ROAD,
       BANGALORE-560120.
                                            ... RESPONDENTS

(BY SRI B.J.ESWARAPPA, GP FOR R1,
    SRI RAMESH CHANDRA, ADV. FOR R2)

     THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO
QUASH THE INVESTIGATION IN CR.NO.203/12 OF BMTF
POLICE, BANGALORE AS AGAINST THE PETITIONERS ARE
CONCERNED.

    THIS CRIMINAL PETITION COMING ON                      FOR
ADMISSION THIS DAY, THE COURT MADE                        THE
FOLLOWING:

                          ORDER

At the instance of private person, the Bangalore Metropolitan Task Force (for short `the Task Force') registered 3 criminal case against the petitioners in Cr.No.203/2012 for the offences punishable under Sections 119, 217, 218, 181, 197, 420 r/w Section 34 of IPC and Sections 320, 321, 321(b) of KMC Act & Section 76 (FFF) of Karnataka Town and Country Planning Act 1961.

2. This Court in Crl.P. No.5340/2012 and connected matters vide order dated 10.10.2013 held that the Task Force has no jurisdiction to register a case for the offences punishable under Indian Penal Code. For the reasons stated in the order in Crl.P. No.5340/2012 and on the same terms, the following;

ORDER

i) The petition is hereby allowed.

ii) The proceedings in Cr.No.203/2012 for the offences punishable under Sections 119, 217, 218, 181, 197, 420 r/w Section 34 of IPC are hereby quashed.

Sd/-

JUDGE VM

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