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2022 Supreme(Online)(Kar) 43611

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CRL.P No. 101596 of 2022

C/W CRL.P No. 101584 of 2022

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 7TH DAY OF JUNE, 2022

BEFORE

THE HON'BLE MR JUSTICE V.SRISHANANDA

CRIMINAL PETITION NO. 101596 OF 2022 (482-)

C/W

CRIMINAL PETITION NO. 101584 OF 2022

IN CRIMINAL PETITION NO. 101596 OF 2022 (482)

BETWEEN:

1.

T SOMAPPA S/O T DODDA MALIYAPPA

AGE. 62 YEARS, OCC. AGRICULTURE,

R/O HOUSE NO.146, 24TH WARD,

SIRASINAKALLU, HOSAPETE-583201

DIST. VIJAYANAGAR

2.

TAYAPPA S/O T DODDA MALIYAPPA

AGE. 45 YEARS, OCC. AGRICULTURE,

R/O HOUSE NO.146, 24TH WARD,

SIRASINAKALLU, HOSAPETE-583201

DIST. VIJAYANAGAR

3.

SMT GOVINDAMMA W/O HANUMATHAPPA

AGE. 50 YEARS, OCC. HOUSEHOLD WORK,

R/O HOUSE NO.146, 24TH WARD,

SIRASINAKALLU, HOSAPETE-583201

DIST. VIJAYANAGAR

…PETITIONERS

(BY SRI. K L PATIL., ADVOCATE)

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CRL.P No. 101596 of 2022

C/W CRL.P No. 101584 of 2022

AND:

1.

THE STATE OF KARNATAKA

THROUGH HOSAPETE TOWN POLICE STATION,

REPRESENTED BY THE STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

DHARWAD BENCH, DHARWAD-580001

2.

THE REVENUE INSPECTOR

HOSAPETE HUBLI-583201

VIJAYANAGARA DISTRICT.

…RESPONDENTS

(BY SRI. PRAVEEN UPPAR, HCGP.)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,

SEEKING TO ALLOW THE INSTANT PETITION AND FURTHER

BE PLEASED TO QUASH THE FIR AND COMPLAINT

REGISTERED BY THE HOSAPETE TOWN POLICE IN CRIME

NO.0073/2022

REGISTERED

FOR

THE

OFFENCES

PUNISHABLE U/S 420, 465, 468, 471, 34 OF THE IPC, 1860, R/W

SECTION 192(A) OF THE KARNATAKA LAND REVENUE ACT,

1964 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC,

HOSAPETE IN SO FAR AS THESE PETITIONERS/ACCUSED

NOS.1, 5 AND 7 ARE CONCERNED.

*****

IN CRIMINAL PETITION NO. 101584 OF 2022 (482)

BETWEEN:

D. VENUGOPAL

AGED ABOUT 55 YEARS,

S/O. LATE D. HANUMANTHAPPA,

OCC: BUSINESS/AGRI. R/O. 6TH WARD,

RANIPET, HOSAPETE-583 201.

DIST: BELLARI.

…PETITIONERS

(BY SRI. K L PATIL., ADVOCATE)

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CRL.P No. 101596 of 2022

C/W CRL.P No. 101584 of 2022

AND:

1.

THE STATE OF KARNATAKA

THROUGH HOSAPETE TOWN POLICE STATION,

REPRESENTED BY THE STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

DHARWAD BENCH, DHARWAD-580001

2.

THE REVENUE INSPECTOR

HOSAPETE HUBLI-583201

VIJAYANAGARA DISTRICT.

…RESPONDENTS

(BY SRI. PRAVEEN UPPAR, HCGP.)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,

SEEKING TO ALLOW THE INSTANT PETITION AND FURTHER

BE PLEASED TO QUASH THE FIR AND COMPLAINT

REGISTERED BY THE HOSAPETE TOWN POLICE IN CRIME

NO.0072/2022

REGISTERED

FOR

THE

OFFENCES

PUNISHABLE U/S 420, 465, 468, 471, 34 OF THE IPC, 1860, R/W

SECTION 192(A) OF THE KARNATAKA LAND REVENUE ACT,

1964 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC,

HOSAPETE IN SO FAR AS THESE PETITIONERS/ACCUSED

NO.2 IS CONCERNED.

THESE

CRIMINAL

PETITIONS

COMING

ON

FOR

ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

Though these matters are listed for admission, with

the consent of the parties, it is taken up for final disposal.

Heard Sri Veeresh Budihal, appearing for Sri K.L.

Patil, learned counsel for the petitioners and Sri Praveen Uppar,

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learned High Court Government Pleader for the respondents –

State and perused the records.

These two petitions are filed under Section 482

Cr.PC, with the following prayers:

“In CRL.P.NO.101584/2022:

Wherefore, the Petitioner most humbly prays that

this Hon'ble Court may kindly be pleased to:

(a) Allow the instant Petition and further be pleased

to quash the F.I.R. dated 24.05.2022 registered by the

Respondent No.1 Police in Crime No. 0072/2022 vide

Annexure B, for the offences punishable under Secs. 420,

465, 468, 471, read with sec. 34 of the Indian Penal

Code, 1860 r/w Sec. 192 (A) of the Karnataka Land

Revenue Act, 1964.

(b) Further be pleased to quash the Complaint

dated 24.05.2022 filed by the Respondent No.2 with the

Respondent No.1 vide Annexure A to the Petition.

(c) Pass any such orders as this Hon'ble Court

deems it fit in the facts and circumstances of the case, to

meet the interests of justice and equity.”

IN CRL.P. NO.101596/2022:

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Wherefore, the Petitioner most humbly prays that

this Hon 'ble Court may kindly be pleased to:

a. Allow the instant Petition and further be pleased

to the quash the FIR and Complaint registered by the

Hosapete Town Police in Crime No. 0073/2022 registered

for the offences punishable under Secs. 420, 465, 468,

471, 34 of the Indian Penal Code, 1860 r/w Sec. 192 (A)

of the Karnataka Land Revenue Act, 1964 on the file of

Prl. Civil Judge and JMFC Hosapete in so far as these

petitioners/A1, A5 and A7 are concerned.

b. Pass any such orders as this Hon'ble Court

deems it fit in the facts and circumstances of the case, to

meet the interests of justice and equity.

4. The respondent-Police initiated action against the

petitioners in both the cases stating that there are offences

committed by the petitioners under Sections 420, 465, 468,

471, 34 of the Indian Penal Code, 1860 r/w Sec. 192 (A) of the

Karnataka Land Revenue Act, 1964 pending on the file of the

Prl. Civil Judge and JMFC, Hospete. The complaint is lodged by

the Revenue Inspector and thereafter, the respondent police

have registered a case in Crime No.073/2022. The registration

of the FIR is called in question in these two petitions.

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5. The learned counsel for the petitioner. At the out set

reiterating the grounds urged in the petition also places

reliance on the series of decisions rendered by co-ordinate

benches of this court including the orders passed by this court

in Kalaburagi Bench (1) Criminal Petition 201469/2018; (2)

Criminal Petition No.201738/2021 c/w. 201739/2021 and (3)

Criminal

Petition

No.200799/2019

c/w.

201509/2018,

200800/2019.

6. On perusal of the order passed by the co-ordinate

benches as well as this court, this court is of the considered

opinion that having regard to the similitude of the facts

involved in those cases, the present petitions needs to be

allowed in terms of those orders. Passing of series of orders by

the coordinate benches of this court is not disputed by the

learned High Court Government Pleader. The facts which led to

filing of criminal complaints in these two petitions are also

practically similar.

7. Accordingly, this court is of the considered opinion

that further proceedings in these two petitions needs to be

quashed as prosecution under Section 192A of the Karnataka

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Land Revenue Act needs a preliminary enquiry and satisfaction

before lodging the complaint, but no such preliminary enquiry

has been conducted. While passing the orders in Criminal

Petition No.201469/2018 this court has also taken note of the

dictum of the Hon’ble Apex court in the case of Ravinder

Singh Vs. Sukhbir Singh and Others reported in (2013) 9

SCC 245. Accordingly, this court pass the following:

ORDER

(i) The Criminal Petitions are allowed.

(ii)

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