GOWRAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since the issues involved in all the petitions are similar, they are taken up together and disposed of by common order.

(2.) A FIR is registered against the petitioners herein alleging that the petitioners have encroached the lake area belonging to the government and after investigation, the police have filed the charge sheet for the offences punishable under Ss. 447 of IPC and 192A of Karnataka Land Revenue Act (for short Rs. Act') against the petitioners - accused. Taking exception to the same, these petitions are filed.

(3.) The learned counsel appearing for the petitioners submits that before registration of FIR for the offences punishable under Sec. 192A of the Act, the respondent was required to issue notice inviting objections from the petitioners for determining whether the petitioners have encroached the lake area. However, the respondent without issuing notice have lodged the FIR and the police have registered the FIR which is contrary to the circular issued by the Government. In support, he places reliance on the decision of the co-ordinate Bench of this Court in the case of Smt.Lalitha Sastry -vs- State of Karnataka and others reported in ILR 2008 Kar. 4520.