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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF NOVEMBER 2018

BEFORE

THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

CRIMINAL PETITION No. 4978 OF 2018

BETWEEN:

1.

Maunesh

Aged about 24 years

S/o Bheemappa

R/at Near Govt. High School

Thorasina Bala Thanda

Kustagi Taluk

Koppala District-583 231.

2.

Balakrishna

Aged about 30 years

S/o Baskara

Anugraha Nilaya

Hari Padha House

Kaikude, Haleyangadi

Mangalore-575 001.

3.

Prakash Suvarna

Aged about 35 years

S/o Vasu Poojary

R/at 1-80/116

ATTURU KAFIKAD

Post Kermal

Attur, Kemral Panchayat

D.K. Karnataka-574 146.

4.

Lohith

Aged about 31 years

S/o Baskar

R/at 2-153-93-4

Anugraha Nilaya

2

Haleyangadi Hobali

Koikude, D.K.

Karnatka-574 146.

5.

Kiran Salian

Aged about 37 years

S/o Ramappa

R/at 1-4, Bhagavathi Daya

Koikude, D.K.

Karnataka-574 146.

6.

Harish Devadiga

Aged about 37 years

S/o Dasu Devadiga

R/at No.1-9, Haripade House

Near Kembral High School

Pakshikere Village

Haleyangady, Koikude

D.K., Karnataka-574 146.

7.

Ganesh Kapikad

Aged about 38 years

S/o Padma

No.1-80-42-2

Athuru, Mangalore

D.K.-574 146.

8.

Ranjith

Aged about 30 years

S/o Dharmaraj

No.2-153(99-7) Haripada

Koikude, D.K

Karnataka-574 146

9.

Rajesh Kundar

S/o Kamalaksha Kundar

Aged about 32 years

R/at Kapikod, Attur

Mangalore-574 146.

10.

Vishwanath

Aged about 30 years

3

S/o Late. Ishwara Mestri

R/at Kapikod, Attur

Mangalore-574 146.

11.

Dinesh

Aged about 36 years

S/o Kutti Poojary

No.1-6, Gurukrupa Nilaya

Koikude, D.K.

Karnataka-574 146. ... Petitioners

(By Sri P.P. Hegde, Advocate)

AND:

1.

The State of Karnataka

By the Inspector of Police

Mulki Police Station

Mulki, Mangalore Taluk

(Represented by the Learned

State Public Prosecutor

High Court of Karnataka

Bangalore).

2.

The Special Tahsildar

Nada Kacheri, Mulki

Mangalore Taluk.

...Respondents

(By Sri S.Rachaiah, HCGP for R1)

This criminal petition is filed under Section 482 of

Cr.P.C. praying to quash the proceedings pending in

LGC(T)1376/2017 on the file of Special Land Grabbing

Prohibition Court, Bangalore for the offence P/U/S

192(A) of Karnataka Land Revenue Act arising out of

Cr.No.149/2015 vide Annexure-A in Mulki Police Station

as far as petitioners are concerned.

This criminal petition, coming on for admission,

this day, the Court made the following:

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ORDER

Heard Shri P.P. Hegde, learned advocate for

petitioners and Shri S. Rachaiah, learned HCGP for

State.

2. Alleging that the petitioners have levelled some

public land, the Special Tahasildar, Mulki filed a

complaint in Mulki Police Station and the same has been

registered as FIR No.149/2015 on 28.09.2015 alleging

commission of offence punishable under Section 192-A

of the Land Revenue Act, 1964. The Police, after

investigation, have filed charge-sheet and the case was

pending before the J.M.F.C., Moodabidri. The entire

case papers have been transferred to the Karnataka

Land Grabbing Prohibition Special Court, Bengaluru and

the

proceedings

are

renumbered

as

L.G.C.(T)

No.1376/2017.

3. Assailing the transfer, Sri P.P.Hegde, learned

advocate for the petitioners submits that the offence

alleged against the petitioners is Section 192-A which is

required to be tried by the Magistrate. There is no

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ingredient of land grabbing involved in the said offence.

Hence, the is reference to the Special Court is bad in

law.

4. Sri S.Rachaiah, learned HCGP would submit

that the offence alleged being one under the Karnataka

Land Revenue Act, the Special Court shall not have

jurisdiction to try the same.

5. A careful perusal of the complaint shows that

there is no land grabbing by the petitioner