Sri Girish N N vs The State Of Karnataka
2022 Latest Caselaw 11441 Kant

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                                                          CRL.P No. 7458 of 2022

                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 18TH DAY OF AUGUST, 2022

                                               BEFORE
                             THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                                CRIMINAL PETITION NO. 7458 OF 2022
                      BETWEEN:

                      1.    SRI. GIRISH N N.,
                            AGED ABOUT 33 YEARS,
                            S/O LATE NARAYAN,
                            VILLAGE ACCOUNTANT (ADDL. CHARGE
                            REVENUE INSPECTOR, BALURU HOBLI),
                            PRESENTLY WORKIGN AS
                            VILLAGE ACCOUNTANT (ON SUPENSION),
                            TALAGURU CIRCLE,
                            MUDIGERE TALUK - 575 501.

                                                                   ...PETITIONER
                      (BY SRI. P.P.HEGDE, SENIOR COUNSEL FOR
                          SRI. ANKIT CHAHARIA, ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA,
                            BY INVESTIGATION OFFICER,
Digitally signed by         MUDIGERE POLICE STATION,
PADMAVATHI B K              CHIKKAMAGALUR DISTRICT - 577 501.
Location: HIGH
COURT OF
KARNATAKA             2.    THE TAHSILDAR,
                            MUDIGERE TALUK - 575 501.
                            BOTH ARE REPRESENTED BY
                            STATE PUBLIC PROSECUTOR,
                            HIGH COURT OF KARNATAKA,
                            BENGALURU - 560 001.

                                                                 ...RESPONDENTS

                      (BY SRI.K.S.ABHIJITH, HCGP)
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                                        CRL.P No. 7458 of 2022

      THIS CRL.P. IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE CRIMINAL CASE IN CR.NO.91/2022 OF MUDIGERE
P.S., PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND
J.M.F.C., MUDIGERE AGAINST THE PETITIONER FOR THE
OFFENCE P/U/S 409 R/W 34 OF IPC AND SEC.192(A) AND
192(B) OF KARNATAKA LAND REVENUE ACT AND ALL FURTHER
PROCEEDINGS AGAINST THE PETITIONER.

      THIS CRL.P. COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                             ORDER

The petitioner is before this Court calling in question the

proceedings in Crime No.91/2022 registered for offences

punishable under Section 409 read with Section 34 of the IPC

and Sections 192(A) and 192(B) of the Karnataka Land

Revenue Act, 1964.

2. Learned counsel appearing for the petitioner

submits that the issue stands covered by the judgment

rendered by the Co-ordinate Bench of this Court in the case of

SMT. LALITHA SASTRY v. STATE OF KARNATAKA - ILR

2008 KAR 4520, wherein the Coordinate Bench considering

this very provision holds as follows:

CRL.P No. 7458 of 2022

"2. The main grievance of the petitioners in all these cases is, they are in occupation of the disputed land in question in their own right. It is not a Government land. They have not encroached upon any portion of the Government land. In fact some of them are purchasers of such lands. They are put in possession by their vendors, on the basis of documents handed over to them at the time of purchase. They are not aware of the factual position and may be innocent also. In spite of the same these proceedings are initiated against them as if they have encroached the Government land which is made an offence now by amendment of the Karnataka Land Revenue Act by introducing Section 192A. Some of them contend if any survey had been conducted with any notice to them and if it was shown to them that the land which is in their occupation or any portion of it is a Government land, they would have surrendered the said land. However, without giving any such opportunity, without conducting any survey in their presence, on the basis of Mahazars conducted, on the basis of documents to which they are not parties, a complaint is lodged by the Tahsildar with the jurisdictional police who in turn has initiated criminal proceedings and charge sheets are filed. Therefore, they seek for quashing of the entire proceedings.

3. After notice the Government entered appearance and supported their action. After hearing the matter at length when it was suggested to the Government that an opportunity ought to have been given to these petitioners and persons who are similarly

CRL.P No. 7458 of 2022

placed, who if they are convinced that they are in occupation of a Government land, without any intention of entering upon the said land or continued to occupy the said land, they may voluntarily give up such possession. Time was taken to consider whether a provision could be made to adjudicate these aspects before initiation of proceedings. Today a memo is filed on behalf of the Government enclosing a circular dated 8.9.2008. The said circular reads as under:--

CRL.P No. 7458 of 2022

"

CRL.P No. 7458 of 2022

4. From the aforesaid circular it is clear the Government is now convinced that an opportunity should be given to all those alleged encroachers of Government land before any proceedings are initiated under Section 192 A of the Act. In fact it stipulates a procedure under which a show cause notice is to be given calling upon those alleged encroachers to file their objections within 15 days. If no objections are received authorities are called upon to visit the spot, conduct a Mahazar in the presence of the villagers, obtain their signatures and thereafter to initiate criminal proceedings if they are satisfied that there is encroachment. In the event of alleged encroachers producing documents to examine the same and only in the event of the said documents are found to be fabricated or duplicate, to initiate proceedings under Section 192A of the Act. In fact the said procedure contemplated by the Government satisfy the requirement of principles of natural justice, an opportunity is given to these persons to realise whether they have occupied a Government land and if they are convinced to surrender possession to avoid criminal prosecution. That would meet the ends of justice. In that view of the matter, as the criminal prosecution is launched against all these petitioners without affording an opportunity to have their say and in the light of the circular which is passed by the Government, these proceedings cannot be sustained.

5. In W.P. Nos. 3969/2007, 1023/2008 and 3550/2008 the petitioners have also challenged the

CRL.P No. 7458 of 2022

constitutional validity of the said circular. However, for the time being they submit they would not press the said point. Therefore, the constitutional validity of the said provision is not considered."

3. The learned HCGP does not dispute the position of

law and its applicability to the case at hand.

4. In the light of the order passed by the

Co-ordinate Bench of this Court (supra) and for the reasons

aforementioned, the following:

ORDER

(i) The Criminal Petition is allowed.

(ii) The proceedings in Crime No.91/2022, stand quashed qua the petitioner.

(iii) Liberty is reserved to the State or its authorities to comply with the requirements as contemplated in the circular before initiating any action against the petitioner, if need arise.

Sd/-

JUDGE

SJK