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Karnataka High Court · body

2020 DIGILAW 572 (KAR)

S. R. Thippeswamy, S/o. Late Rangappa v. State of Karnataka The Amruthur Police, Kunigal Circle

2020-02-27

B.A.PATIL

body2020
ORDER : 1. This petition is filed by petitioners/accused Nos.2 and 3 under Section 482 of Cr.P.C. to set aside the order dated 12.02.2019 passed in Crl.R.P. No.63/2017 on the file of VI Additional District and Sessions Judge, Tumakuru wherein the order dated 26.08.2017 passed in C.C. No.691/2009 passed on the file of Senior Civil Judge and JMFC, Kunigal has been confirmed. 2. I have heard the learned counsel for petitioners and the learned Additional SPP for respondent – State. 3. Though this case is listed for admission, with the consent of learned counsel appearing for both the parties, the same is taken up for final disposal. 4. A complaint was registered alleging that accused No.2 being the Village Accountant and accused No.3 being the Revenue Inspector have forged the documents and mutated the Khatha in Survey No.27 of K. Huruliborasandra Village measuring 3 acres in favour of accused No.1. It is further alleged that the said land has been granted on 13.04.1973 in favour of one Thibbaiah and the said Thibbaiah died, his wife Smt. Devamma was in possession of the said land and was having five daughters. Fake application was given to the Tahasildar in the name of deceased Thibbaiah to grant the said land in his favour. On the basis of the said fake application, accused Nos.2 and 3 have mutated the mutations and accused No.1 had given an application. On the basis of that, a forgery has been played and a case has been registered against petitioner/accused Nos.2 and 3. 5. It is the submission of the learned counsel for petitioners that petitioners/accused Nos.2 and 3 have approached this Court in Crl.P. No.2841/2016 and this Court has given a clear direction to verify the necessity of sanction as contemplated under Section 197 of Cr.P.C. Without taking into consideration of the said order of this Court, the trial Court has erroneously passed the impugned orders. It is his further submission that as per Section 197 of Cr.P.C., the accused persons while discharging their official duty, if they have committed any offence, then under such circumstances, the sanction is very much necessary. Without sanctioning, the proceedings cannot be continued. On these grounds, he prayed to set aside the petition. 6. It is his further submission that as per Section 197 of Cr.P.C., the accused persons while discharging their official duty, if they have committed any offence, then under such circumstances, the sanction is very much necessary. Without sanctioning, the proceedings cannot be continued. On these grounds, he prayed to set aside the petition. 6. Percontra, learned Additional SPP vehemently argued and submitted that the trial Court as well as the revisional Court after perusal of the records and by keeping in view the order passed by this Court in Crl.P. No.2841/2016 have come to the conclusion that the act of the accused is not coming within the purview of discharge of their official duty. In that light the sanction is not necessary and a reasoned order has been passed and there are no good grounds to interfere with the said order. On these grounds, he prayed to dismiss the petition. 7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records. 8. On careful perusal of the records, the trial Court as well as the revisional Court have kept into view the order passed by this Court in Crl.P. No.2841/2016 and by taking into consideration of the overt acts of the accused, the trial Court and the revisional Courts have come to the conclusion that the act of the petitioners/accused do not come within the purview of discharge of their official duty and the accused persons have committed forging and creation of records. Even though it was within their knowledge do not acted in discharge of their official duty. In that light, they have rightly come to the conclusion that the sanction required under Section 197 of Cr.P.C. is not required and the application filed in this behalf was rejected. There are no good grounds so as to interfere with the orders passed by the trial Court. Hence, petition being devoid of merits, the same is liable to be dismissed and accordingly, it is dismissed. I.A. No.1/2019 does not survive for consideration. Accordingly, it is disposed off.