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2020 DIGILAW 660 (KAR)

Lakshmana Swamy R. v. Thahashildhar, Bengluru South And Others

2020-03-06

B.A.PATIL

body2020
JUDGMENT B.A. Patil, J. - This petition has been filed by the petitioner-accused under Section 482 of Cr.P.C. to quash the proceedings in C.C. No. 15803/2018 pending on the file of II Additional Metropolitan Magistrate Court, Bangalore, for the offence punishable under Section 192(A) of Karnataka Land Revenue Act, 1964 (hereinafter referred to as the Act for short) and under Sections 114, 447 r/w 511 of the Indian Penal Code in Crime No. 666/2014. 2. I have heard the learned counsel appearing for the petitioner-accused and the learned Additional SPP for respondent-State. 3. Though this matter is listed for admission, with consent of the learned counsels appearing for the parties, same is taken up for final disposal. 4. Gist of the complaint is that at Sy. No. 76 there was encroachment of the Government land to the extent of 12 to 25 acres. The same was got evicted by the officials. It is further alleged that the petitioner-accused abated some persons to put illegal sheds in the said evicted land. On the basis of the complaint, a case has been registered and after investigation charge sheet has been filed. 5. The main grounds urged by the learned counsel for the accused are that the allegation made in the complaint is that already the land which was belonging to the Government was got evicted by unauthorized occupants. It is the accused who has abated to put the sheds in the said area. It is her further submission that the accused has been prosecuted under Section 192A of the Act, but none of the offences mentioned therein have been committed by the accused. Under such circumstance the proceedings initiated are nothing but abuse of process of law. It is her further submission that the accused has been charge sheeted for the offence under Sections 114, 447 and 511 of Indian Penal Code. Neither the accused was present there nor trespassed over the land belonging to Government, as they have already put up the compound wall to the said land. It is her further submission that even the offences under Sections 114 and 511 of Indian Penal Code have also not been committed. Even then, the investigation has been done and charge sheet has been filed and the learned Magistrate has taken the cognizance. It is her further submission that earlier the case was registered only under Section 192A of the Act. Even then, the investigation has been done and charge sheet has been filed and the learned Magistrate has taken the cognizance. It is her further submission that earlier the case was registered only under Section 192A of the Act. Subsequently the other sections of IPC have been included and no independent witnesses have been examined and the witnesses who have been examined are none other than the official witnesses. Even they have not spoken to with regard to the presence of the accused at the place of alleged incident. Under such circumstance continuation of the proceedings is nothing but abuse of process of law. On these grounds she prayed to allow the petition and to quash the proceedings. 6. Per contra, the learned Additional SPP vehemently argued and submitted that already investigation has been completed and charge sheet has been filed. Merely because wrong quoting of the provision, is not going to enure to the benefit of the accused. If 192-B of the Act if it is seen, it covers the abatement if it is committed, that is also punishable under the said Act. It is his further submission that Panchayat and other records clearly goes to show that the accused was present at the place of incident and he has refused to sign the mahazar and take away the property belonging to him. He further submitted that at this prematured stage it cannot be held that there is no material as against the petitioner-accused. 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 the parties and perused the records. 8. The first and foremost contention which has been taken up by the learned counsel for the petitioner-accused is that the provisions of Section 192-A of the Act are not attracted and they constitute any offence as alleged against the petitioner-accused. I have carefully and thoughtfully looked into the said section, no where the said section speaks with regard to the commission of abetment and it only says unlawful entries and occupies and if he has cheated and created the documents and other allied offences if it has committed. 9. I have carefully and thoughtfully looked into the said section, no where the said section speaks with regard to the commission of abetment and it only says unlawful entries and occupies and if he has cheated and created the documents and other allied offences if it has committed. 9. Though it is contended by the learned Additional SPP contended that wrong quoting of the provision is not going to enure to the benefit of the accused, I am conscious of the fact that Section 192-B of the Act refers to abetment of offences under the Land Revenue Act. Even if the said submission is accepted and perused the records for having abated the said offences, there is no material and even the persons who have been abated to commit the offence have not been made as an accused in the instant case on hand. 10. Looking from any angle there is no concrete material as against the petitioner-accused to show that he has trespassed into the said land illegally and he has committed the alleged offences as stated in the charge sheet. Even no independent witnesses have been examined to substantiate the case of the prosecution except the official witness. 11. I am conscious of the fact that merely because the official witnesses have been examined, their evidence cannot be thrown out, but it has to be looked carefully. In their evidence also nowhere the presence of the accused has been stated. 12. Looking from any angle initiation of the proceedings and filing of the charge sheet appears to be nothing but abuse of process of law. In that light, the petitioner has made out a case to allow the petition and to quash the proceedings. 13. In that light, the petition is allowed. The proceedings initiated in C.C. No. 15803/2018 pending on the file of II Additional Metropolitan Magistrate Court, Bangalore, for the offence punishable under Section 192A of the Act and under Sections 114, 447 and 511 of the Indian Penal Code, are hereby quashed.