K.M. VISHWANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in these two petitions have challenged the order of taking cognizance and issuance of summons to them by the Special Judge and have sought to quash the proceedings initiated against them. The details of the proceedings and the rank of the petitioners and the gist of the allegations made against them are detailed in the table herebelow:-

(2.) The contention of the learned counsel for the petitioners is that, the allegations leveled in the charge sheet are directed only against the Firm. The firm is not made as a party/accused. Therefore, prosecution of the petitioners without making the Firm as a party, is illegal and untenable. Secondly, the allegations made against the petitioners do not prima facie disclose the ingredients of the offences alleged against the petitioners. The allegations are not supported by any cogent materials. There is no acceptable evidence to show that the petitioners were involved in the alleged transaction; the learned Magistrate has issued summons to the petitioners without application of mind to the facts of the case; the order passed by the learned Special Judge does not reflect either application of mind or consideration of the material on record and therefore, the impugned order of cognizance and consequent order of summons issued to the petitioners are liable to be quashed.

(3.) Further, the learned counsel would submit that the order of cognizance passed by the learned Magistrate in relation to the offence under the provisions of MMDR Act , is wholly illegal and without jurisdiction, in view of the bar contained under Section 22 of the MMDR Act. In the absence of any complaint, the learned Special Judge was not empowered to take cognizance of the alleged offences and further the offences under the provisions of the MMDR Act being the principal offences, in view of the incompetency of the learned Special Judge to take cognizance of the said offences, even the cognizance taken by the learned Special Judge for the offence under the Penal Provisions and the Forest Act are also vitiated.