Karnataka High Court
Sri H C Ananthaswamy vs The State Of Karnataka on 18 December, 2018
Equivalent citations: 2019 (1) AKR 365, (2019) 2 KCCR 1933
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER 2018
BEFORE
THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR
CRIMINAL PETITION NO.253 OF 2013
BETWEEN:
1. SRI H C ANANTHASWAMY
S/O SRI CHIKKAHONNEGOWDA
AGED ABOUT 57 YERS,
OFFICE ADDRESS:
BRUHAT BANGALORE MAHANAGARA PALIKE
DESIGNATION: CHIEF ENGINEER
DEPARTMENT: STORM WATER DRAIN ZONE
RESIDENCE ADDRESS:
NO.61, POORNA PRAGNA LAYOUT
3RD STAGE, BANASHANKARI
BANGALORE-560085.
2. SRI M LOKESH
S/O SRI S MAHADEVAIAH
AGED ABOUT 41 YEARS,
OFFICE ADDRESS:
BRUHAT BANGALORE MAHANAGARA PALIKE
DESIGNATION EXECUTIVE ENGINEER
DEPARTMENT STORM WATER
DRAIN (EAST DIVISION)
RESIDENCE ADDRESS
NO.569, 7TH MAIN, 4TH CROSS
VIJAYANAGAR
BANGALORE-560040
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3. SRI B SHYAMSUNDAR
S/O SRI N BALARAJ
AGED ABOUT 53 YEARS,
OFFICE ADDRESS:
BRUHAT BANGALORE MAHANAGARA PALIKE
DESIGNATION: ASSISTANT EXECUTIVE ENGINEER
DEPARTMENT STORM WATER DRAIN (EAST DIVISION)
RESIDENCE ADDRESS:
NO.24, 11TH CROSS, GAYATHRI LAYOUT
BASAVESHWARANAGAR
BANGALORE-5600079.
4. SRI B CHANDRASHEKAR
S/O LATE SRI S BASAVALINGAIAH
AGED ABOUT 43 YEARS,
OFFICE ADDRESS:
BRUHAT BANGALORE MAHANAGARA PALIKE
DESIGNATION: ASSISTANT EXECUTIVE ENGINEER
DEPARTMENT STORM WATER DRAIN (EAST DIVISION)
RESIDENCE ADDRESS
NO.2984, 12TH MAIN, HAL II STAGE, INDIRANAGAR
BANGALORE-560008.
...PETITIONERS
(BY SRI. VIVEK HOLLA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY B.M.T.F POLICE STATION
MAIN MUNICIPAL CORPORATION BUILDING
BANGALORE-560002. ...RESPONDENT
(BY SRI.K.P. YOGANNA, HCGP, )
****
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C. PRAYING TO QUASH THE COMPLAINT
DATED:30.7.12 (ANNEXURE-A) AND THE COMPLAINT
DATED:14.8.12 (ANNEXURE-C) SUO MOTO LODGED BY THE
RESPONDENT AND THE FIRST INFORMATION REPORT
DATED:30.7.12 IN CRIME NO.155/12 (ANNEXURE-B) BEFORE
THE RESPONDENT, BANGALORE METROPOLITAN TASK
FORCE POLICE STATION, BANGALORE.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have sought for quashing the complaint dated 30.07.2012 at Annexure 'A' and complaint dated 14.08.2012 at Annexure 'C' lodged by respondent and the FIR dated 30.07.2012 in Crime No.155/2012 at Annexure 'B' before the Bangalore Metropolitan Task Force Police Station, Bangalore.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader.
3. The facts leading to this petition are that on the basis of the complaint filed by the PSI, BMTF Police Station, Bangalore dated 30.07.2012 the FIR was 4 registered. The allegations are that on 06.01.2012 news was published in a daily newspaper that in Ward No.114, Cambridge Road, Halasoor, on a storm water drain, the illegal construction has been put up. Based on which the Deputy Director of Town Planning directed to inspect the spot and give a report. On 24.01.2012 a report was submitted after inspection of the spot adjacent to Meera School, Halasoor, on Cambridge Road in BBMP Ward No.114 regarding unauthorized constructions of latrines. Further it is alleged that the BBMP officials have made the illegal constructions in violation of Section 192-A of Karnataka Land Revenue Act. Later, one more complaint was filed by the PSI, BMTF for inclusion of Section 409 of IPC on the allegation that the BBMP officials have committed criminal breach of trust by misusing the property and by making illegal constructions on the storm water drain.
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4. The learned counsel for the petitioners has submitted that the initiation of proceedings against the BBMP officials is not maintainable mainly on two grounds :
(1) As per Section 265 of the Karnataka Municipal Corporations Act, 1976, all public streets in the Corporation area reserved under the control of the Government, with the pavements, stones and other materials thereof and all work materials, implements and other things provided for such streets, whether made at the cost of the Corporation fund or otherwise, in or alongside or under any street, whether public or private, and all works, materials, implements and other things appertaining thereto and all trees not being private property growing on public streets or by the side thereof, shall vest in the Corporation. (2) BMTF police have no jurisdiction to investigate in the offences under Indian Penal Code. 6
5. As far as the first contention is concerned, in view of Section 265 of KMC Act, the construction made on all sewers, drains, drainage works, tunnels and culverts whether at the cost of Corporation fund or otherwise are the properties of the Corporation. Even assuming that the said property is a Government land, before initiating the proceedings under Section 192-A of the KLR Act the procedure prescribed in a general circular bearing No.RD 674 LGB 2008 dated 08.09.2008 issued by the Principal Secretary to Govt., Revenue Department (Land Grant) has to be followed. As per the said circular an opportunity has to be given by issuing show cause notice to the alleged encroachers or the officials of BBMP, but in the instant case no such procedure is followed by either the revenue officials or the police.
6. In respect of the second contention, the counsel for the petitioner has relied on an unreported decision dated 21.01.2015 in Criminal Petition No.1992/2013 7 wherein it is observed that in WP Nos.7246-7250/2013 and connected matters dated 10.10.2013 wherein, it is held that BMTF has no jurisdiction to investigate the case under the Indian Penal Code. Under these circumstances, the proceedings initiated against the BBMP officials cannot be sustained.
7. For the foregoing reasons this petition deserves to be allowed. Accordingly, I pass the following -
ORDER The Criminal Petition is allowed.
The complaint dated 30.07.2012 at Annexure 'A' and complaint dated 14.08.2012 at Annexure 'C' lodged by respondent and the FIR dated 30.07.2012 in Crime No.155/2012 at Annexure 'B' before the Bangalore Metropolitan Task Force Police Station, Bangalore is quashed.
Sd/-
JUDGE ykl