Karnataka High Court
Smt.Manjulamma vs State Of Karnataka on 24 March, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:12584
CRL.P No. 3115 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.3115 OF 2023
(482(Cr.PC)/528(BNSS))
BETWEEN:
SMT. MANJULAMMA
W/O PRABHAKAR REDDY
AGED ABOUT 55 YEARS
R/AT PRABHAKAR COMPOUND
NEAR MAMATHA SCHOOL
MANJUNATHNAGAR, R.T. NAGAR
Digitally signed BANGALORE-560 032.
by LAKSHMI T ...PETITIONER
Location: High
Court of (BY SRI. SRINIVAS V, ADV.,)
Karnataka
AND:
1. STATE OF KARNATAKA
BY RAJANUKUNTE P S
BANGALORE-560 064
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-560 001.
2. THE TAHASILDHAR
BANGALORE NORTH TALUK
(ADDITIONAL), YELAHANKA
BANGALORE-560 001.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1 & R2 IS SD)
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NC: 2025:KHC:12584
CRL.P No. 3115 of 2023
THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.5107/2019 ON
THE FILE OF II ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT
BANGALORE REGISTERED FOR OFFENCE P/U/S 192(A) OF KLR
ACT, REGISTERED PURSUANT TO THE CRIME NO.281/2016 BY
THE IST RESPONDENT POLICE AS AGAINST THE PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner is seeking to quash the entire proceedings
initiated against her in C.C.No.5107/2019 on the file of the
Court of II Additional Chief Judicial Magistrate at
Bengaluru, for the offence punishable under Section
192(A) of Karnataka Land Revenue Act, 1964.
2. FIR in Crime No.281/2016 came to be
registered at Rajanakunte Police Station, against the
petitioner for the offence punishable under Section 192(A)
of Karnataka Land Revenue Act, 1964, on a complaint
lodged by the Tahsildar, wherein it is alleged that the
petitioner is illegally forming a layout in an agricultural
land bearing Survey No.59/2.
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3. It is the contention of the learned counsel for
petitioner that before taking any action under Section
192(A) of Karnataka Land Revenue Act, an opportunity
has to be given to the person, as held by this Court in
Smt. Lalitha Shastry v. State of Karnataka reported in
ILR 2008 KAR 4520 and in the present case no such
opportunity was given.
4. In the complaint, it is stated that inspite of
informing the petitioner, she has continued to form the
layout illegally in the land in question, however, no such
material for having issued any notice or intimation to the
petitioner is forthcoming. In the above referred judgment,
at para 4, this Court has held as follows:
"4. From the aforesaid circular it is clear the Government is
now convinced that opportunity an 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
NC: 2025:KHC:12584
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 end's 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. This court in Crl.P No.6633/2019 disposed on
15.02.2023, relying on the judgment in Smt. Lalitha
Shastry's case has allowed the said petition as there was
no opportunity given to the petitioner therein before
initiating proceedings under Section 192(A) of Karnataka
Land Revenue Act.
6. Learned High Court Government Pleader has
vehemently contended that the petitioner was found
unauthorisedly forming a layout in Survey No.59/2 of
Rajanukunte without the land being converted from
agricultural to non-agricultural. She has therefore
contended that the prosecution was rightly launched under
Section 193(A) of Karnataka Land Revenue Act.
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7. In the case on hand, there is no material placed
to show that an opportunity was granted to petitioner
before registering the FIR and initiating criminal
proceedings against her under Section 192(A) of
Karnataka Land Revenue Act, and therefore, in light of the
decision noted supra, the proceedings have to be quashed.
Hence, the following:
ORDER
Criminal Petition is allowed.
The impugned proceedings in C.C.No.5107/2019 on
the file of the Court of II Additional Chief Judicial
Magistrate at Bengaluru is quashed.
Liberty is reserved to the respondent to take proper
action in accordance with law.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB
