BHABRUVAHANA S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Writ Petition No.9503/21 filed by the petitioners/accused Nos.3 and 14. The Writ Petition No.4800/2021 is filed by the petitioner/accused No.1 and Writ Petition No.6077/2021 filed by the petitioner/accused No.2 under article 226 and 227 of Constitution of India read with 482 of code of criminal procedure (herein referred as Cr.P.C ) for quashing the FIR in Crime No. 152/2017 pending on the file of Principal Senior Civil Judge and CJM, Channagiri, Davangere for the offence punishable under Ss. 465, 468, 471, 420 read with 34 of IPC .

(2.) Heard the arguments of learned senior counsel for the petitioners, learned HCGP for respondent Nos.1 and 2 and learned counsel for respondent No.3.

(3.) The case of the prosecution is that on the complaint filed by the respondent No.3 (in WP.No.9503/2021) on 2/12/2017 alleging that when he was working at Karwar the petitioners and others have dug the canal measuring 3 X 1000 Ft in his land for taking water from Bhadra channel and the petitioner did not allow the same, he closed it and gave representation to the Executive Engineer, Karnataka Neeravari Nigama, Badra Channel Division 3, Malebennur seeking permission to close the channel and he has sought a report from the accused No.1/the petitioner herein in W.P.No.4800/21) who was incharge Assistant executive Engineer in the office of Karnataka Neervari Nigama No.1 Bhadra channel Sub-division at Basavapatna and one Shashikumar Y., Sec. Officer and the said officer (accused No.2 herein) submitted a false report stating that the water canal was existing for more than 40 years and about 60 acres of land was benefited. Therefore, it is stated that permission cannot be granted for closing the channel. The said report dtd. 16/5/2017 has been produced as at Annexure-'A' on the said complaint the police registered the FIR against the petitioners on almost 14 persons, which is under challenge.