IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 6^THDAY OF JANUARY 2022

BEFORE

THE HON’BLE MR. JUSTICE M.NAGAPRASANNA

WP NO 103659 OF 2017 (GM-RES)

BETWEEN

SRI. MALLAPPA S/O SHIVALINGAPPA NAVI

AGE:47 YEARS

OCC. AGRICULTURE

R/O JALIBERI VILLAGE

MUDHOL

TQ. MUDHOL

DIST,. BAGALKOT

...PETITIONER

(BY SRI.F V PATIL AND NANDISH PATIL, ADV.,)

AND

1 . THE SPECIAL LAND ACQUISTION OFFICER

MALAPRABHA PROJECT-I

BAGALKOT

2 . THE STATE OF KARNATAKA

RPTD BY PRINCIPAL SECRETARY

M.S. BUILDING

DR. AMBEDKAR VEEDHI

BENGALURU 560001

3 . THE ADMINISTRATIVE SHIRESTEDAR

ATTACHED TO SENIOR CIVIL JUDGE AND JMFC.,

MUDHOL

TQ. MUDHOL

2

DIST. BAGALKOT

…RESPONDENTS

(BY SRI.PRAVEEN UPPAR, HCGP FOR R 1 AND R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA READ WITH

SECTION 482 OF CR.P.C. PRAYING TO:

A) QUASH THE IMPUGNED ORDER DATED:20.11.2015 IN

L.A.C. NO.115/2011 AND ALL SUBSEQUENT STEPS TAKEN

PASSED BY THE SENIOR CIVIL JUDGE AND JMFC,

MUDHOL, VIDE ANNEXURE-C.

B) QUASH THE IMPUGNED ORDER AND FINDINGS VIDE

ANNEXURE-E

AND

E1

DATED:08.02.2017

IN

L.A.C.NO.115/2011 PASSED BY THE LEARNED SENIOR

CIVIL JUDGE AND JMFC, MUDHOL IN DIRECTING THE

ADMIN.SHIRESTADAR TO LODGE COMPLAINT AGAISNT

THE PETITIONER BEFORE THE JMFC, FOR THE OFFENCES

PUNISHABLE UNDER SECTIONS 193, 196, 465, 468 AND

471 OF I.P.C.

THIS PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

3

ORDER

1. The petitioner is before this Court seeking the

following prayer:

WHEREFORE, for the reasons stated above, the

Petitioner humbly pray that this Hon'ble Court may

kindly be pleased to:

A) ISSUE WRIT IN THE NATURE OF CERTIORARI

QUASHING

THE

IMPUGNED

ORDER

DATED

20/11/2015

IN

NO.

115/2011

AND

ALL

SUBSEQUENT STEPS L.A.C. TAKEN PASSED BY THE

SENIOR CIVIL JUDGE & JMFC, MUDHOL, VIDE

ANNEXURE-C, IN THE INTEREST OF JUSTICE AND

EQUITY.

B) ISSUE WRIT IN THE NATURE OF CERTIORARI

QUASHING THE IMPUGNED ORDER AND FINDINGS

VIDE ANNEXURE-E AND E1 DATED 08-02-2017 IN

L.A.C. NO. 115/2011 PASSED BY THE LEARNED

SENIOR CIVIL JUDGE & JMFC, MUDHOL IN

DIRECTING THE ADMIN.SHIRESTADAR TO LODGE

COMPLAINT AGAISNT THE PETITIONER BEFORE

THE JMFC, FOR THE OFFENCES PUNISHABLE

UNDER SECTIONS 193, 196, 465, 468 AND 471 OF

I.P.C. IN THE INTEREST OF JUSTICE AND EQUITY.

2. The petition is filed in the woke of registration of

criminal proceedings for the offences punishable under

Sections 193, 196, 465, 468 and 471 of IPC, on the strength

of an order passed by the trial Court in LAC.No.115/2011

dated 8/2/2017. The reference Court while dismissing the

4

petition filed for enhancement of compensation observed as

follows:

:ORDER:

Reference Petition filed by the claimant is

rejected and award passed by the SLAO is confirmed.

Draw Award accordingly.

Adm. Sheristedar of this court is directed to

lodge

a

complaint

against

PW.1

Mallappa

Shivalingappa Navi before the jurisdictional JMFC

Court for the offences punishable U/Secs. 193, 196,

465, 468, 471 of IPC.

A direction (supra) was issued to lodge a

complaint against the petitioner for the aforesaid offences.

This Court in identical circumstances considering the identical

orders that were passed by the reference Court in

W.P.No.102611/2016 disposed of on 17/3/2017, ordered as

follows:

“ 3. The

learned

counsel

for

the

petitioner

brought to the notice of this Court a judgment of the

Apex Court in the case of Sharad Pawar V. Jagmohan

5

Dalmiya and Others reported in (2010) 15 SCC 290

wherein the Apex Court dealing u/S 195 and 340 of

Cr.P.C. have set some guidelines referring to Sec. 340

of Cr.P.C. The procedure to be followed by the Civil

Courts while referring the complaint to the Criminal

Courts for the offences punishable u/S 193, 196, 465,

468 and 471 of IPC. This Court also taking into

consideration the said judgment of the Apex Court has

reiterated

the

said

principles

in

W.P.