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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 1^ST DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

WRIT PETITION No.200138/2019 (GM-RES)

BETWEEN:

Shivram Singh

S/o. late Balakishan Singh Tiwari

Age: 45 years, Occ: Private Service

R/o. Lal Hanuman Temple

Datta Nagar, Shahabazar

Kalaburagi - 585101

… Petitioner

(By Sri Vishal Pratap Singh, Advocate)

AND:

1.

State of Karnataka through

Kalaburagi Grameen Police Station

Kalaburagi, Represented by the

Additional State Public Prosecutor,

High Court of Karnataka,

Kalaburagi Bench

2.

Sri D.M.Manur

R/o. Agriculture Research Centre

Aland Road, Kalaburagi

3.

Jayaprakash S/o. Rudrappa Patil

R/o. Agriculture Research Centre

2

Aland Road, Kalaburagi

4.

Raju Tegahalli

R/o. Agriculture Research Centre

Aland Road, Kalaburagi

5.

Smt. Veeramma W/o. Bandeppa Hatagar

R/o. S.M.Krishan Colony, near

Raneshpeer Darga, Kalaburagi

… Respondents

(By Sri Gururaj V. Hasilkar, HCGP for R1;

Sri A. M. Nagaral, Advocate for R2 to R5)

This Writ Petition is filed under Article 227 of the

Constitution of India read with Section 482 of Cr.P.C.

praying to quash the order passed by the III Addl. District

and Sessions Judge and Kalaburagi in Criminal Revision

Petition No.123/2016 dated 06.04.2017 which is marked

and filed at Annexure-H and to restore the complaint in

Crime No.221/2015 dated 28.07.2016 on the file of V Addl.

Civil Judge and JMFC, Kalaburagi vide Annexure-G to

conduct the trial in accordance with law and etc.

This petition coming on for Further Hearing this day,

the Court made the following:

O R D E R

The petitioner has filed this petition under Article

227 of the Constitution of India read with Section 482

of Code of Criminal Procedure (for short, ‘Cr.P.C’) to

quash the order passed by the III Additional District

and Sessions Judge at Kalaburagi in Criminal Revision

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Petition No.123/2016 dated 06.04.2017, whereby, he

has accepted the ‘B’ final report and sought for

restoring the complaint in Crime No.221/2015 so as to

conduct the trial in accordance with law.

2.

The factual matrix leading to this case are

that the petitioner/complainant has filed a complaint

before the Magistrate against respondent Nos.2 to 5

herein for the offences punishable under Sections 447

and 420 read with Section 34 of IPC. The matter was

referred to the Grameen Police Station, Kalaburagi for

investigation and the police have registered the case

in Crime No.221/2015. Thereafter, the investigating

officer

has

submitted

a

‘B’

final

report.

The

complainant has submitted the protest petition to ‘B’

final report and his statement was also recorded on

oath and certain documents were also marked.

Thereafter, the learned Magistrate has accepted the

‘B’ final report by rejecting the protest petition. Being

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aggrieved by this order, the petitioner has approached

the revisional Court i.e., III Additional District and

Session Court, Kalaburagi and the learned Sessions

Judge by his detail order dated 06.04.2017 has

dismissed the revision by confirming the order of the

learned Magistrate. Being aggrieved by this order, the

petitioner has approached this Court.

3.

The learned counsel for the petitioner

contended that the order passed by both the courts

below are erroneous and they failed to rely on the

material produced either before Investigating Officer

or before court to substantiate the substance of the

complaint. He would submit that the ingredient of

Section 447 of IPC pertaining to criminal trespass has

been made out in the complaint by producing

conveyance deed, khata extract, property tax paid

receipts, map, but, they were not appreciated. He

would further submit that the property of the

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petitioner is lying in Sy.No.36/1, but, the report of the

Investigating Officer disclose that the offence is said

to have taken place in Sy.N