DARMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who are arraigned as accused No.1 and 2 have filed this petition under Sec. 482 of Cr.P.C, to drop the criminal proceedings initiated against them in C.C.No.559/2016 on the file of Principal Civil Judge and J.M.F.C., Gangavathi for the offences punishable under Ss. 192(a)(5) of Land Revenue Act, 1964 and Ss. 42, 44(1)(2) of Karnataka Minor Mineral Concessions Rules, 1994.

(2.) In support of their petition, petitioners have contended that the launching of prosecution against the petitioners is based on a false complaint. Petitioners who are the land owners have executed an agreement of sale on 7/10/2015 and 8/10/2015 in favour of accused No.3. Petitioners' mother has also executed an irrevocable General Power of Attorney in favour of son of accused No.3 on 26/3/2016 for a total sum of Rs.32,25,750.00. Accused No.3 being the contractor of South-Western Railway Department has entered into an agreement for sale of the said property for railway work and received the acceptance letter on 8/10/2013.

(3.) Learned High Court Government Pleader submitted oral objections to the effect that on 14/12/2015 at 1.45 a.m., the Tahsildar, Gangavathi informed the Revenue Inspector about the illegal transportation of soil from the land in Sy.No.89/*/P4 measuring 3 acres 30 guntas. Based on the said information, the Revenue Inspector visited the spot and found that the said land was escavated to an extent of 11 feet depth and soil was transported for the purpose of laying railway lane. On enquiry, he found that petitioners being the owners and accused No.3 being the railway contractor are responsible for commission of the offence. After conducting a detailed mahazar, he has lodged the complaint. Based on the said complaint, case is registered and investigation is taken up. Infact, charge sheet is filed which makes out a strong prima facie case and prays to dismiss the petition.