P MANJUNATHA CHITRADURGA DISTRICT Vs. TAHSILDAR CHITRADURGA DISTRICT

JUDGEMENT

(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.) 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.