Shri Ramaiah Reddy vs The State Of Karnataka
2023 Latest Caselaw 2307 Kant

                                                   -1-
                                                             CRL.P No. 8551 of 2021




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 20TH DAY OF APRIL, 2023

                                                 BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                                 CRIMINAL PETITION NO. 8551 OF 2021
                      BETWEEN:

                      1.   SHRI RAMAIAH REDDY
                           S/O LATE CHINNAPPA REDDY
                           AGED ABOUT 63 YEARS
                           R/AT SANDEEP NILAYA
                           SECTOR C
                           RAMAIAH REDDY COLONY
                           BASAVANAGARA
                           MARATHAHALLI POST
                           BENGALURU - 560 037.
                                                                       ...PETITIONER
                      (BY SRI. PRAKASH T. HEBBAR, ADVOCATE)
                      AND:

                      1.   THE STATE OF KARNATAKA
                           BY STATION HOUSE OFFICER
                           ANUGONDANAHALLI POLICE STATION
                           HOSKOTE
                           BENGALURU RURAL DISTRICT
                           REP BY SPP, HIGH COURT BUILDING
Digitally signed by
SHOBHA C
                           BENGALURU 560001
Location: High
Court of Karnataka
                      2.   THE REVENUE INSPECTOR
                           ANUGONDANAHALLI HOBLI
                           HOSKOTE TQ
                           BANGALORE RURAL DISTRICT 560067
                                                                     ...RESPONDENTS
                      (BY SRI. B.J. ROHITH, HCGP FOR R1 AND R2)

                            THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
                      CR.P.C. PRAYING TO ADMIT THIS CRL.P AND QUASH THE ENTIRE
                      PROCEEDINGS THEREIN FIR AND COMPLAINT DATED 29.01.2020
                      (AS PER ANNEXURE-A AND B) IN CR.NO.11/2020 ON THE FILE OF
                      THE HONBLE PRINCIPAL CIVIL JUDGE (Jr.Dn) AND JMFC, HOSAKOTE,
                      BANGALORE RURAL DISTRICT TO PERUSE THE SAME, HEAR THE
                      PARTIES AND ETC,.
                                   -2-
                                           CRL.P No. 8551 of 2021




      THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:


                              ORDER

HCGP takes notice for respondent NOs.1 and 2.

2. This petition is filed by the petitioner under section

482 of Cr.P.C for quashing the FIR in Crime No.11/2020

registered by Anugondanahalli, Bengaluru Rural District for the

offence punishable under Sections 192A of Karnataka Land

Revenue Act, 1964 and under section 447 of IPC on the file of

Principal Civil Judge and JMFC Court, hoskote, Bengaluru rural

district.

3. Heard the learned counsel for petitioner and HCGP.

4. Learned counsel for petitioner contended the

petitioner purchased the property in the year 2007and the

respondent No.2 without issuing notice filed complaint and the

police registered the FIR which is against the guidelines issued

by the High court relied by the petitioner in ILR 2008 Kar 4520

: (2009) 1 AIR Kant R 258 in case of Lalith Sastry Vs State

of Karnataka represented by its Secretary Depart of

Parliamentary Affairs and Legislation and others .

CRL.P No. 8551 of 2021

5. Having heard the arguments and perused the records,

which reveals ofcourse thE respondent No.2 Tahsildar filed the

complaint to the police on 29.1.2020 for the offence punishable

under the afore mentioned sections, whereas the petitioner

though filed the absolute sale deed said to be purchased from

the Govindappa on 7.6.2007, however prior to registering the

FIR the respondent No.2 could have issued notice to the

petitioner for calling the explanation which was not issued. In

view of the judgment of the coordinate of this court stated

supra, the criminal proceeding is not sustainable under the law.

Therefore, the FIR registered by the police requires to be

quashed. Hence, the petition requires to be allowed.

Accordingly , this petition is allowed.

The criminal proceedings against the petitioner in Crime

No.11/2020 registered by Anugondanahalli, Bengaluru Rural

District on the file of Principal Civil Judge and JMFC Court,

Hoskote, Bengaluru rural district, is hereby quashed.

However liberty is granted for respondent No.2 to take

legal course in accordance with law.

CRL.P No. 8551 of 2021

In view of disposal of main petition, I.A.No.1/2021 does

not survive for consideration.

Accordingly I.A.No.1/2022 is disposed of.

Sd/-

JUDGE

AKV