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H. P. SANDESH
CHENNAKESHAVA S/O LATE B. C. MUDDANNA – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. Heard learned counsel for the petitioner and learned Additional SPP for the respondent-State.
2. This revision petition is filed against rejection of discharge application filed by the revision petitioner vide order dated 12.01.2024 passed by the Karnataka Land Grabbing Prohibition Special Court at Bengaluru.
3. The factual matrix of the case is that BMTF Police Station, Bengaluru has filed the charge sheet against the petitioner for the offences punishable under Section 192-A of Karnataka Land Revenue Act and under Section 420 of IPC. The allegation against the petitioner is that he had indulged in the act of land grabbing and the Police investigated the matter and filed the charge sheet. Hence, application is filed for discharge.
4. While seeking discharge, main contention of the petitioner is that without verifying the title deeds, the Revenue Inspector has given the report and on the basis of the report, the Police registered the case, investigated the matter and filed the charge sheet. Even in the charge sheet, the extent of encroachment and survey numbers have not been stated. It is further contended that he is not the owner of survey numbers mentioned in the charge sh
The Special Court can try land grabbing offences under the Karnataka Land Revenue Act but lacks jurisdiction over IPC offences punishable beyond three years, which must be handled by a Magistrate.
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