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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI
S. Kandasamy, S/o Late P. Singara Mudaliar – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. initiation of criminal proceedings against accused. (Para 1 , 2 , 3) |
| 2. background about land acquisition and complaints. (Para 4) |
| 3. court's analysis on the legality of proceedings. (Para 5 , 13 , 15) |
| 4. legal proceedings related to land acquisition. (Para 7 , 8) |
| 5. details on the finality of earlier court decrees. (Para 9 , 10 , 11) |
| 6. defense arguments regarding land sale and possession. (Para 12 , 14) |
| 7. final order quashing criminal proceedings. (Para 16) |
ORDER :
J.M.KHAZI, J.
These petitions are by accused Nos.1 and 2, with a prayer to quash criminal proceedings initiated against them in C.C.No.58703/2017 on the file of XI ACMM Court, Bengaluru for the offences punishable under Sections 447 and 427 r/w Section 34 IPC.
2. As these two petitions are arising out of the same case, they are clubbed together and disposed off by a common order.
3. For the sake of convenience, parties are referred to by their ranks before the Court.
4. It is contended by the petitioners that accused No.1 joined Indian Army in the year 1985 and served at various places across the country in various capacities. Later, in the year 2001, he joined DRDO as Estate Manager in his capacity of Lieute
Criminal proceedings against individuals for trespass are unwarranted when the land in question has been lawfully acquired and the complainant lacks any legal title or interest.
The main legal point established is that the abuse of process of court in the context of land acquisition can lead to the quashing of criminal proceedings.
The issuance of search warrants requires a clear application of mind by the Magistrate, necessitating justification and adherence to procedural fairness in investigations.
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