H.J.RAVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Charge sheet is filed for the offences punishable u/s.119, 120B, 420 of IPC and u/s.192A(2)(7), 192B of the Karnataka Land Revenue Act and u/s.72 of the Bangalore Development Act, 1976 alleging that the petitioners-accused fully knowing that the property belongs to Bangalore Development Authority have prepared a sketch showing the subject property as private property. The learned Magistrate took cognizance of the aforesaid offences and issued summons to the petitioners-accused. Taking exception to the same, this petition is filed.

(2.) Learned counsel appearing for the petitioners submits that the registration of F.I.R. culminating in filing of the charge sheet for the aforesaid offences by the Bangalore Metropolitan Task Force (hereafter BMTF) is one without jurisdiction, since BMTF is constituted and established only to detect offences punishable under the provisions of Karnataka Municipal Corporation Act and the Bangalore Development Act. In support of the same, reliance is placed on the decision of Co-ordinate Bench of this Court in Crl.P. 5340/2012.

(3.) On the other hand, learned HCGP appearing for the State submits that the petitioners purportedly prepared a sketch showing the land belonging to the Bangalore Development Authority as private land, thus causing loss to the Government exchequer and as such the registration of F.I.R. culminating in filing of charge sheet cannot be faulted with and seeks for dismissal of the petition.