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2019 Supreme(Kar) 169

H.P.SANDESH
Appayya – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
Ram P Ghorpade, Adv., Praveen K. Uppar, Adv.

JUDGMENT :

H.P. SANDESH, J.

1. Though this matter is listed for admission, with the consent of the petitioner's counsel and the learned HCGP, it is taken up for final disposal.

2. Heard the petitioner's counsel and also the learned HCGP for the respondent-State.

3. The prayer sought in this petition by invoking Section 482 of Cr.P.C. is to quash the entire proceedings in Crime No.218/2016 of Khanapur P.S. for the offences punishable under Sections 4(1), 4(1A), 21 of the MMDR Act, Rules 3, 32, 34 of KMMC Rules and under Section 379 of IPC in CC No.1077/2017 pending on the file of Prl. Civil Judge and JMFC Court, Khanapur.

4. It is the contention of the petitioner's counsel that the police have filed a complaint for the of fence punishable under the MMDR Act and KMMC Rules and registration of the case against the petitioner is illegal and contrary to law, facts and evidence on record and hence, the same is liable to be quashed. It is further contended that the petitioner is innocent and he has not committed any of fences alleged against him.

5. The petitioner's counsel reiterating the grounds urged in the petition would contend that Section 22 of the MMDR Act makes it clear that the case c








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