H. J. Ravi vs State Of Karnataka on 22 June, 2022

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Karnataka High Court

H. J. Ravi vs State Of Karnataka on 22 June, 2022

Bench: Hemant Chandangoudar

                         1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF JUNE, 2022

                      BEFORE

 THE HON'BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

        CRIMINAL PETITION No.86 OF 2017

BETWEEN:

1. H.J.RAVI,
   S/O LATE K JAVARAIAH,
   AGED 54 YEARS,
   ASST. ENGINEER,
   BANGALORE DEVELOPMENT AUTHORITY,
   BANGALORE (WEST DIVISION), BDA-III,
   VIJAYANAGAR, BANGALORE - 560 040.
   NOW WORKING AT HOUSING PROJECT
   DIVISION-I,
   BANGALORE DEVELOPMENT AUTHORITY,
   KUMARAPARK (WEST),
   BANGALORE - 560 020.

2. G.MALLIKARJUNA,
   S/O LATE GANGANNA,
   AGED 53 YEARS,
   ASST. ENGINEER,
   BANGALORE DEVELOPMENT AUTHORITY,
   BANGALORE (WEST DIVISION), BDA -III,
   VIJAYANAGAR, BANGALORE - 560 040.
   NOW WORKING AT HOUSING PROJECT
   DIVISION-I,
   BANGALORE DEVELOPMENT AUTHORITY,
   KUMARAPARK (WEST),
   BANGALORE - 560 020.
                                     ...PETITIONERS
(BY SMT.ANITHA.K. ADVOCATE FOR
                         2


  SRI.P.PRASANNA KUMAR, ADVOCATE)

AND:

1. STATE OF KARNATAKA
   BY BANGALORE METROPOLITAN,
   TASK FORCE POLICE
   REPRESENTED BY ITS
   STATE PUBLIC PROSECUTOR,
   HIGH COURT BUILDING,
   DR.B.R.AMBEDKAR VEEDHI,
   BENGALURU - 560 001.

2. N.SHARVANNA,
   MAJOR,
   RESIDENT OF LAKSHMI NILAYA,
   NAGASANDRA, C.N.PALYA,
   BENGALURU - 560 073.
                                    ...RESPONDENTS
(BY SRI. ROHITH B.J., HCGP FOR R1;
         R2 SERVED BUT UNREPRESENTED)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. BY THE PETITIONER PRAYING TO QUASH
THE ORDER DATED 19.03.2014 PASSED BY THE LEARNED
C.M.M., BANGALORE IN C.C.NO.7672/2014 THEREBY
TAKING COGNIZANCE AGAINST THE PETITIONERS FOR
THE OFFENCE P/U/S 119, 120B,420 OF IPC AND
SEC.192A(2)(7) AND 192B OF KARNATAKA LAND
REVENUE ACT AND SEC.72 OF THE BANGALORE
DEVELOPMENT ACT, 1976 AND ORDERED TO REGISTER
CASE AND ISSUE SUMMONS, AND CONSEQUENTLY QUASH
THE ENTIRE PROCEEDINGS THEREON.

     THIS CRIMINAL PETITION COMING ON         FOR
ADMISSION THIS DAY, THE COURT MADE            THE
FOLLOWING:
                             3


                         ORDER

Charge sheet is filed for the offences punishable u/s.119, 120B, 420 of IPC and u/s.192A(2)(7), 192B of the Karnataka Land Revenue Act and u/s.72 of the Bangalore Development Act, 1976 alleging that the petitioners-accused fully knowing that the property belongs to Bangalore Development Authority have prepared a sketch showing the subject property as private property. The learned Magistrate took cognizance of the aforesaid offences and issued summons to the petitioners-accused. Taking exception to the same, this petition is filed.

2. Learned counsel appearing for the petitioners submits that the registration of F.I.R. culminating in filing of the charge sheet for the aforesaid offences by the Bangalore Metropolitan Task Force (hereafter BMTF) is one without jurisdiction, since BMTF is 4 constituted and established only to detect offences punishable under the provisions of Karnataka Municipal Corporation Act and the Bangalore Development Act. In support of the same, reliance is placed on the decision of Co-ordinate Bench of this Court in Crl.P. 5340/2012.

3. On the other hand, learned HCGP appearing for the State submits that the petitioners purportedly prepared a sketch showing the land belonging to the Bangalore Development Authority as private land, thus causing loss to the Government exchequer and as such the registration of F.I.R. culminating in filing of charge sheet cannot be faulted with and seeks for dismissal of the petition.

4. I have considered the submissions made by the learned counsel for the parties.

5. The Bangalore Metropolitan Task Force was created 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. culminating in filing of 6 charge sheet by the BMTF is one without jurisdiction. Accordingly I pass the following:

ORDER

i) Criminal Petition is allowed.

ii) The impugned proceedings in C.C.No.7672/2014 pending on the file of Chief Metropolitan Magistrate, Bengaluru is hereby quashed.

Sd/-

JUDGE Snb/

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