CRL.P. NO.4140 OF 2020

c/w CRL.P. NO.4290 OF 2020

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF OCTOBER, 2020

BEFORE

THE HON9BLE MR. JUSTICE SURAJ GOVINDARAJ

CRIMINAL PETITION NO.4140 OF 2020

C/W

CRIMINAL PETITION NO.4290 OF 2020

IN CRIMINAL PETITION NO.4140 OF 2020:

BETWEEN:

SRI. MUNIRAJU REDDY

S/O LATE RAMAREDDY

(FATHER'S NAME WRONGLY SHOWN AS

MUNIVENKATAPPA)

AGED ABOUT 71 YEARS

OCC:AGRICULTURIST

RESIDING AT NO.75

SAMPIGEHALLI ROAD

CHOKKANAHALLI VILLAGE

BENGALURU NORTH TALUK

BENGALURU-560064

... PETITIONER

(BY SRI.BALAKRISHNA M.R, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

BY SAMPIGEHALLI POLICE STATION

BENGALURU CITY

REPRESENTED BY ITS STATE PUBLIC

PROSECUTOR

HIGH COURT BUILDING

BENGALURU-560001

2. N. RAGHUMURTHI

FATHER'S NAME NOT KNOWN

MAJOR IN AGE

THASHILDAR, YELAHANKA TALUK OFFICE

BANGALORE-64. ... RESPONDENTS

CRL.P. NO.4140 OF 2020

c/w CRL.P. NO.4290 OF 2020

2

(BY SMT. RASHMI JADHAV, HCGP FOR R1 & R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

482

OF

CR.P.C,

PRAYING

TO

QUASH

THE

FIR

AND

CONTINUATION

OF

CRIMINAL

PROCEEDINGS

IN

CR.NO.97/2020 DATED 07.08.2020 PASSED BY VII A.C.M.M.,

BANGALORE FOR ALLEGED OFFENCE P/U/S 192-A OF THE

KARNATAKA LAND REVENUE ACT REGISTERED AND BEING

INVESTIGATED BY THE RESPONDENT POLICE1.

*****

IN CRIMINAL PETITION NO.4290 2020:

BETWEEN:

1. SRI. LOKESH

S/O LATE KRISHNAPPA

AGED ABOUT 47 YEARS

2. SRI. K. MANJUNATH

S/O LATE KRISHNAPPA

AGED ABOUT 44 YEARS

BOTH ARE NOW RESIDING AT

NO.69, NAGARESHWARA NAGENAHALLI

VILLAGE, K.R.PURAM HOBLI

SRK POST, BANGALORE EAST TALUK

BENGALURU-560077

3. MUNI REDDY

S/O LATE MUNIVENKATA REDDY

AGED ABOUT 65 YEARS

NOW RESIDING AT

CHOKKANAHALLI VILLAGE

JAKKUR POST, YELAHANKA HOBLI

BENGALURU-560065

... PETITIONERS

(BY SRI. VIJAYAKUMAR K, ADVOCATE)

CRL.P. NO.4140 OF 2020

c/w CRL.P. NO.4290 OF 2020

3

AND:

1. STATE OF KARNATAKA

BY SAMPIGEHALLI

POLICE STATION

BY STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU-560001

2. THE TAHSILDAR

YELAHANKA TALUK

BENGALURU DISTRICT

YELAHANKA-560064

REPRESENTED BY

STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU-560001

... RESPONDENTS

(BY SMT. RASHMI JADHAV, HCGP FOR R1 & R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 OF CR.P.C, PRAYING TO QUASH THE COMPLAINT DATED

07.08.2020 (ANNEXURE-A) AND CONSEQUENTLY QUASH

THE FIRST INFORMATION REPORT IN CR.NO.97/2020

(ANNEXURE-B)

REGISTERED

ON

07.08.2020

BY

RESPONDENT NO.1 SAMPIGEHALLI POLICE, SO FAR AS THE

PETITIONERS ARE CONCERNED FOR THE ALLEGED OFFENCE

P/U/S 192 (A) OF THE KARNATAKA LAND REVENUE ACT,

1964, PENDING ON THE FILE OF VII ADDL. C.M.M,

BENGALURU.

*****

THESE

CRIMINAL

PETITIONS

COMING

ON

FOR

ADMISSION, THIS DAY, THROUGH VIDEO CONFERENCE THE

COURT MADE THE FOLLOWING:

CRL.P. NO.4140 OF 2020

c/w CRL.P. NO.4290 OF 2020

4

ORDER

1.

The petitioners in both the above matters are

before this Court seeking for quashing of the

proceedings initiated under Section 192A of the

Karnataka Land Revenue Act, 1964 which is

pending on the file of 7^th Additional Chief

Metropolitan Magistrate, Bengaluru.

2.

Criminal Petition No.4140/2020 arises out of

Crime No.97/2020 registered on 07.08.2020 and

Criminal Petition No.4290/2020 arises out of

same

Crime

No.97/2020

registered

on

07.08.2020.

3.

Sri.Balakrishna and Sri.Vijaya Kumar, learned

counsel appearing for the petitioners in both the

petitions respectively submits that both the crime

and the complaint arises out of the very same

allegation viz., fabrication, forgery of documents

relating to government gomaal land measuring

about 21.19 guntas in Sy.No.75/4, 75/6 situated

at

Chokkanahalli

Village,

Yelahanka

Hobli,

CRL.P. NO.4140 OF 2020

c/w CRL.P. NO.4290 OF 2020

5

Bengaluru Urban District. Thus, in effect, both

the criminal petitions are relating to the same

offence.

4.

Sri.Balak