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2019 Supreme(Kar) 170

H.P.SANDESH
Basappa Rurappa Akki – Appellant
Versus
State of Karnataka Rep By Its State Public Prosecutor – Respondent


Advocates Appeared:
Vishwanath Badiger, 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 CC No.1379/2018 (Crime No.224/2018) of Khanapur P.S. for the offences punishable under Sections 4(1A), 21 and 22 of the MMDR Act, Rules 3, 32 and 44 of KMMC Rules and under Section 379 of IPC pending on the file of Prl. Civil Judge (Jr.Dn.) and JMFC Court, Hukkeri, Belgaum District.

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 the initiation of the proceedings against the petitioner is against law and deserves to be quashed. It is further contended that the petitioner is innocent and he has not committed any of fences alleged against him. The learned Magistrate has not applied its judicial mind and erroneously initiated the proceedings against the petitioner and there is no cogent and acceptable circumstance t










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