P. Manjunatha, Chitradurga District v. Tahsildar, Chitradurga District
2010-08-20
B.SREENIVASE GOWDA
body2010
DigiLaw.ai
Judgment :- 1. The Petitioners who are arrayed as Accused Nos.3 and 4 in C.C. No. 617/09 pending on the file of the Civil Judge (Jr.Dn.) & JMFC, Holalkere, have preferred this petition for quashing of the proceedings of the said case. 2. The facts leading to the case are: The Tahsildar, Holalkere Taluk, 1st respondent herein lodged a complaint against the petitioners (accused nos.3 and 4) who are working as Second Division Clerk and Attender respectively in the office of the Sub Registrar, Holalkere, Chitradurga District with the 2nd respondent police alleging that they were involved in creating a sale deed in favour one Smt. K. Shashikala in respect of lands in Sy.Nos. 168 and 69 measuring 19 acres 8 guntas situated at Sadarahalli Grama, Kasaba Hobli, Holalkere Taluk and in RE Sy. No.11 and 19 measuring 18 acres 24 guntas and 2 acres 8 guntas respectively situated at Keshavapura Grama, Holalkere Taluk. The police filed a charge sheet and the Trial Court has taken cognizance of the offence punishable under Sections 197, 198 and 420 IPC read with Section 192-A of the Karnataka Land Revenue (amendment) Act, 2007 and ordered process against the petitioners. 3. Learned Counsel appearing for the petitioners submits that neither the allegations made in the complaint nor the materials collected during investigation do constitute any offence much-less the one alleged under Section 197,198 and 420 of IPC read with Section 192-A of the Karnataka Land Revenue (amendment) Act, 2007 and therefore, he prays for allowing the petition by quashing further proceedings of the criminal case. 4. Learned Govt. Advocate submits that the land in question were forfeited by the Government under Section 45(A) (3) of the Land Revenue Act and in the event of this Court quashing further proceedings in C.C. No.617/2009 it may be done without prejudice to forfeiture of land by the Government. 5. Section 197 of IPC deals with issuing or signing false certificate and Section 198 of IPC deals with using as true a certificate known to be false.
5. Section 197 of IPC deals with issuing or signing false certificate and Section 198 of IPC deals with using as true a certificate known to be false. Section 192-A of Karnataka Land Revenue (amendment) Act, 2007 reads thus: 192-A.- Offences and Penalties – Notwithstanding anything contained in the Act or the rules made thereunder whoever commits any of the offence specified in column (2)of the Table below, shall on conviction by a judicial Magistrate of first class for each of such offence be punishable with the sentence indicated in column (3) thereof. 7. The sale deed dated 30.11.2006 reveals the Government of Karnataka has granted mining lease vide lease No. GA. BHU.E:GAGUSA:mm.2062/06-07 dated 11.08.2006 in favour of T.M. Manjunath, husband of Smt. Annapura in respect land measuring 19 acres 08 guntas in Sy. Nos. 68 & 69 of Sadarahalli Grama, Holalkere Taluk and 18 acres 24 guntas and 2 acres 08 guntas of land in Sy. No. 11 and 19 respectively of Keshavapura Grama, Holalkere Taluk. After the death of said Manjunath the mining lease has been transferred in the name of Smt. Annapurna vide transfer order No.GA.Bhu.E:Ga.Gu.Sa.MM 2062/06-07 dated 11.08.2006 and that she has sold the lands in question, in favour of Smt. Shashikala, Director of Shrisha Enterprises, No.767/3, 4th Main Road, 8th Block, Nagarabhavi 2nd Stage, Molagalu, Bangalore 560 091, under sale deed dt.30-11-2006 registered in the office of sub-Registrar, Holalkere, vide registration No.243/91-92. 8. All that the petitioners are required to do when an instrument is presented for registration is whether the requisite stamp duty and registration fee are paid and an instrument sought to be registered is genuine or not. That being so, it cannot be said that the registration of sale deed executed by Smt. Annapurna in favour of Smt. Shashikala is in violation of Section 197 and 198 of IPC read with Section 192(A) of Karnataka Land Revenue (amendment) Act, 2007. 9. As the ingredients required for constituting an offence contemplated under Section 197, 198, 420 of IPC read with Section 192-A of the Karnataka Land Revenue (amendment) Act, 2007 are not present either in the complaint or in the material collected during investigation.
9. As the ingredients required for constituting an offence contemplated under Section 197, 198, 420 of IPC read with Section 192-A of the Karnataka Land Revenue (amendment) Act, 2007 are not present either in the complaint or in the material collected during investigation. The act of police in filing charge sheet against the petitioners and continuation of such criminal proceedings against them will amount to abuse of process of law and it will not serve any purpose and therefore further proceeding in C.C. No.617/2009 pending on the file of the Civil Judge (Jr. Dn.) & JMFC, Holalkere is liable to be quashed in so far as petitioners are concerned. 10. Accordingly criminal petition is allowed. The charge sheet dated 16.06.2009 in C.C. No.617/2009 pending on the file of the Civil Judge (Jr. Dn.) & JMFC, Holalkere (in Crime no.04/09 dated 02.02.2009)1 registered by the Holalkere Police, Holalkere is hereby quashed in so far it relates to petitioners – accused Nos. 3 and 4 are concerned, without prejudice to forfeiture of lands in question by the Government.