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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. KRISHNA KUMAR
Roth Sagayi Meri, Wife of Vinay – Appellant
Versus
State of Karnataka, By Whitefield Police Station, Represented By The State Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. relief sought to set aside cognizance order. (Para 2) |
| 2. complaint and charge sheet details regarding land encroachment. (Para 3 , 4) |
| 3. absence of mandatory notice invalidates proceedings under klr act. (Para 5 , 6 , 7 , 8 , 9) |
| 4. failure to establish essential elements of ipc offences. (Para 10 , 11 , 12) |
| 5. final order quashing criminal proceedings. (Para 13) |
ORDER :
(S.R. KRISHNA KUMAR, J.)
In this petition, the petitioners seek the following reliefs:
"WHEREFORE, the Petitioners above named, most respectfully pray that this Hon'ble Court be pleased to set aside the order of cognizance dated 13/06/2024, which reads as:
"Perused the charge sheet material submitted by I.O. Prima Facie case made out. Hence, cognizance for the offences Punishable U/Sec. 353, 427, 447, 34 of the IPC , Sec.192(A) of the KARNATAKA LAND REVENUE ACT and Sec.51 of Disaster Management Act is taken. Office is hereby directed to register Criminal Case against the accused No.1 to 3 in register No.III for the above offences. Issue summons to accused No.1 to 3", And the consequent proceedings in C.C.No.3693/2024 pending on the file of the Hon'ble Additional Chief Judicial Magistrate, Bengaluru Rural
Mandatory notice of 15 days under Section 192-A of the Karnataka Land Revenue Act is essential before initiating criminal proceedings for encroachment, ensuring compliance with natural justice.
Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely th....
(1) Investigation of non-cognizable cases – Even if police receives any such complaint relating to non-cognizable offence, police cannot start investigation without there being a green signal from Ma....
The issuance of search warrants requires a clear application of mind by the Magistrate, necessitating justification and adherence to procedural fairness in investigations.
Point of law : Provisions under Section 156(3) Cr.P.C. should be used sparingly. They should not be used unless there is something unusual and extra ordinary like miscarriage of justice, which warran....
Section 60 of Act deals with cognizance for offences.
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