M.NAGAPRASANNA
Shivaswamy – Appellant
Versus
State of Karnataka – Respondent
Advocates:
Counsel for the Parties:
For the Petitioners:Sri Nitin Ramesh, Advocate
For the Respondents: Smt. K.P. Yashodha, HCGP
for R-1; Sri Sampat Anand Shetty, Advocate for R-2
Judgement Key Points
Based on the provided legal document, here are the key points:
- The petitioners filed a Criminal Petition under Section 482 of the Cr.P.C. to quash criminal proceedings (C.C.No.5835 of 2019) initiated against them for offences under Sections 143, 427, 447, 448, 506, and 149 of the IPC. (!)
- The prosecution alleges that the petitioners trespassed into the complainant's house, threatened tenants, caused loss by disconnecting electricity, and intimidated residents. (!)
- The petitioners argue the matter is purely civil in nature and contend that the complaint was registered seven months after the alleged incident, indicating mala fide action by the complainant. (!)
- The complainant argues the delay in registering the complaint was due to pending civil proceedings and asserts they are in possession of the property. (!)
- The Court notes that the land was acquired by the Bangalore Development Authority (BDA) in 1986, and possession was handed over to the NTI Housing Co-operative Society in 2003. (!)
- A previous Writ Petition dismissed the complainant's claim, holding that possession was handed over to the Society in 2003 and that the petitioners (subsequent purchasers) do not have locus standi to challenge the acquisition notifications. (!)
- The Court reiterates that despite earlier orders, the complainant continues to challenge the acquisition with alleged mala fide intentions. (!)
- The Court holds that Section 441 of the IPC defines criminal trespass as entering property in the possession of another; therefore, if the complainant is not in possession, the offence of criminal trespass cannot be established. (!)
- The Court rules that without criminal trespass under Section 447, allegations of causing damage to property under Section 427 (mischief) are inseparable and cannot stand in the peculiar facts of this case. (!)
- The Court finds that allowing further proceedings would constitute an abuse of the process of law and result in a miscarriage of justice given the doubt regarding possession. (!)
- The Court quashes all proceedings in C.C.No.5835 of 2019 against the petitioners. (!)
- The Court clarifies that the observations made in the order are only for the purpose of considering the petition under Section 482 Cr.P.C. and do not bind or influence further proceedings. (!)
ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.5835 of 2019 pending before the VII Additional Chief Metropolitan Magistrate, Bangalore arising out of Crime No.163 of 2018 registered for offences punishable under Sections 143, 427, 447, 448, 506 and 149 of the IPC.
2. Heard Sri Nitin Ramesh, learned counsel for petitioners, Smt. K.P.Yashodha, learned High Court Government Pleader for respondent No.1 and Sri Sampat Anand Shetty, learned counsel for respondent No.2.
3. Brief facts, as projected by the prosecution, are as follows:—
The 2nd respondent is the complainant. On 01-08-2018 the complainant registers a complaint before the Kodigehalli Police Station that on 13-01-2018 at about 9-00 a.m. the petitioners/accused have allegedly trespassed into her house, threatened her tenants to vacate the house, caused loss by disconnecting electricity. It is further alleged that the accused even have trespassed into houses belonging to others. Based upon the said complaint, a criminal case came to be registered in Crime No.163 of 2018 for offences punishable under Sections 143, 427, 447, 448, 506 and 149 of the IPC. The police, on conduct and completi
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