The central legal point established in the judgment is that the court found no concrete material to show that the accused had committed the alleged offences, and the proceedings appeared to be an abuse of process of law.

JUDGMENT

B.A. Patil, J. - This petition has been filed by the petitioner-accused under Section 482 of Cr.P.C. to quash the proceedings in C.C. No. 15803/2018 pending on the file of II Additional Metropolitan Magistrate Court, Bangalore, for the offence punishable under Section 192(A) of Karnataka Land Revenue Act, 1964 (hereinafter referred to as the Act for short) and under Sections 114, 447 r/w 511 of the Indian Penal Code in Crime No. 666/2014.

2. I have heard the learned counsel appearing for the petitioner-accused and the learned Additional SPP for respondent-State.

3. Though this matter is listed for admission, with consent of the learned counsels appearing for the parties, same is taken up for final disposal.

4. Gist of the complaint is that at Sy. No. 76 there was encroachment of the Government land to the extent of 12 to 25 acres. The same was got evicted by the officials. It is further alleged that the petitioner-accused abated some persons to put illegal sheds in the said evicted land. On the basis of the complaint, a case has been registered and after investigation charge sheet has been filed.

5. The main grounds urged by the learned counsel for the accused are that the allegation made in the complaint is that already the land which was belonging to the Government was got evicted by unauthorized occupants. It is the accused who has abated to put the sheds in the said area. It is her further submission that the accused has been prosecuted under Section 192A of the Act, but none of the offences mentioned therein have been committed by the accused. Under such circumstance the proceedings initiated are nothing but abuse of process of law. It is her further submission that the accused has been charge sheeted for the offence under Sections 114, 447 and 511 of Indian Penal Code. Neither the accused was present there nor trespassed over the land belonging to Government, as they have already put up the compound wall to the said land. It is her further submission that even the offences under Sections 114 and 511 of Indian Penal Code have also not been committed. Even then, the investigation has been done and charge sheet has been filed and the learned Magistrate has taken the cognizance. It is her further submission that earlier the case was registered only under Section 192A of the Act. Subsequently the other sections of IPC have been included and no independent witnesses have been examined and the witnesses who have been examined are none other than the official witnesses. Even they have not spoken to with regard to the presence of the accused at the place of alleged incident. Under such circumstance continuation of the proceedings is nothing but abuse of process of law. On these grounds she prayed to allow the petition and to quash the proceedings.

6. Per contra, the learned Additional SPP vehemently argued and submitted that already investigation has been completed and charge sheet has been filed. Merely because wrong quoting of the provision, is not going to enure to the benefit of the accused. If 192-B of the Act if it is seen, it covers the abatement if it is committed, that is also punishable under the said Act. It is his further submission that Panchayat and other records clearly goes to show that the accused was present at the place of incident and he has refused to sign the mahazar and take away the property belonging to him. He further submitted that at this prematured stage it cannot be held that there is no material as against the petitioner-accused. On these grounds he prayed to dismiss the petition.

7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.

8. The first and foremost contention which has been taken up by the learned counsel for the petitioner-accused is that the provisions of Section 192-A of the Act are not attracted and they constitute any offence as alleged against the petitioner-accused. I have carefully and