- 1 -
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)
- 2 -
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)
- 3 -
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,
- 4 -
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:
- 5 -
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.
- 6 -
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
- 7 -
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)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.