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CRL.P No. 201495 of 2023

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 9^TH DAY OF JANUARY, 2024

BEFORE

THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO. 201495 OF 2023 (482)

BETWEEN:

MIRZA ANWAR BAIG S/O. MIRZA MOHMMED BAIG

AGE: 78 YEARS, OCC: RETD GOVT SERVANT,

R/O. H.NO.2650 15^TH MAIN, 2^ND CROSS E BLOCK,

SAHAKAR NAGAR, BENGALURU,

NOW RESIDING IN H. NO 11307/70-71,

MADINACOLONY, BASAVAKALYAN,

DIST. BIDAR-585327.

…PETITIONER

(BY SRI HUSKE SURYAKANTH, ADVOCATE)

AND:

THE STATE OF KARNATAKA

BY S.H.O NETAJI NAGAR POLICE STATION,

RAICHUR- 584103,

REPRESENTED BY THE ADDITIONAL STATE PUBLIC

PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENCH AT KALABURAGI-585103.

…RESPONDENT

(BY SRI. JAMADAR SHAHABUDDIN, HCGP)

THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO

CALL FOR RECORDS AND QUASH THE CHARGE SHEET IN

C.C.NO. 3601/2022 ARISING OUT OF CRIME NO.0053/2021 OF

NETAJI NAGAR POLICE STATION RAICHUR, PENDING ON THE

FILE OF I^ST ADDITIONAL CIVIL JUDGE (JR.DVN) AND JMFC-III

Digitally signed

by SHILPA R

TENIHALLI

Location: HIGH

COURT OF

KARNATAKA

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CRL.P No. 201495 of 2023

RAICHUR FOR THE ALLEGED OFFENCES PUNISHABLE UNDER

SECTIONS 420, 409, 149 OF IPC AND SEC. 55 OF KARNATAKA

URBAN DEVELOPMENT ACT AND SEC. 12 OF KARNATAKA

PREVENTION AND PROHIBITION OF SALE OF PARK AND OPEN

SPACE ACT 1985.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

The petitioner has filed this petition under Section

482 of Cr.P.C. for quashment of the proceedings in

CC.No.3601/2022 arising out of Cr.No.53/2021 of Netaji

Nagar Police Station, Raichur, pending on the file of

I Additional Civil Judge and JMFC III Court, Raichur, for

the offences punishable under Sections 420, 409 r/w

Section 149 of IPC and under Section 55 of the Karnataka

Urban Development Act, 1987 and Section 12 of the

Karnataka

Parks,

Play-Fields

and

Open

Spaces

(Preservation and Regulation) Act, 1985.

2.

The main contention of the petitioner is that the

petitioner was a Commissioner of Raichur Development

Authority and retired on 31.08.2013 and 8 years

subsequent to his retirement, the prosecution has been

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CRL.P No. 201495 of 2023

initiated and it is hit by the principles of limitation as well

as there is a bar under the Karnataka Civil Service Rules

for the initiation of the prosecution. Hence, he would seek

for allowing the petition seeking the quashment.

3.

Per contra, the learned High Court Government

Pleader would contend that the petitioner did serve as a

Commissioner of Raichur Development Authority from

03.09.1991 to 09.12.1999. It is further alleged that

though the original site plan was approved on 10.06.1983,

the present petitioner along with other accused during the

period from 03.09.1991 to 09.12.1999, modified the

original plan and 10% of the civic amenities site was

released and thereby committed criminal breach of trust

and also acted against the statute. In this regard, on the

basis of the complaint, the Investigating Officer has

undertaken investigation and submitted the charge sheet.

Being aggrieved by the submission of charge sheet, the

petitioner is before this Court by way of this petition.

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CRL.P No. 201495 of 2023

4.

The petitioner is arrayed as accused No.8. The

main contention of the learned counsel for the petitioner is

that the proceedings are hit by the provisions of limitation

Act. He invited the Rule 214(3) of KCSR wherein there is a

bar for the initiation of judicial proceedings after

retirement or during re-employment in respect of cause of

action which has taken place more than 4 years before

such institution. This prosecution is admittedly under the

provisions of IPC and under the provisions of Karnataka

Urban Development Act and Section 12