M KUMARRASWAMI BAIPADITHAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has sought for to issue writ of certiorari to quash the order dated 28-6-2008 passed in CC No. 943 of 2008 arising out of Crime No. 132 of 2008 before Judicial Magistrate First Class, Sullia and also to quash the complaint filed by the 3rd respondent in Crime No. 132 of 2008, dated 21-5-2008 and the entire proceedings initiated against the petitioner and also the charge-sheet filed therein.

(2.) On the complaint of the Revenue Inspector, Sullia, alleging the offence punishable under Section 192-A of the Karnataka Land Revenue Act, 1964, case was registered against the petitioner and cognizance of the offence was taken and summons were issued and on appearance of the petitioner, charge-sheet was also filed against him. According to the petitioner, his family is in occupation of the alleged Government land and his daughter has filed application in Form 50 for regularisation of unauthorised occupation and cultivation and mahazar has been drawn by the respondent-authorities, according to which, the land in dispute is not reserved for public purpose and as such, continuation of proceedings against the petitioner is in abuse of process of law. Accordingly, he has sought for quashing the proceedings pending before the Civil Judge (Junior Division) and Judicial Magistrate First Class, Sullia.

(3.) Heard.