SHANKAR KUMAR Vs. STATE

JUDGEMENT

(1.) THE petitioner approached this Court seeking quashing of the entire proceedings in C.C. No. 22578/2011 pending on the file of X Additional Chief Metropolitan Magistrate, Bangalore, registered against the petitioner for the offences punishable under Section 447 of the Indian Penal Code and Section 192 -A of Karnataka Land Revenue Act.

(2.) I have heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondents. Perused the record. The FIR submitted by the Tahsildar, Bangalore East Taluk, Krishnarajapuram, Bangalore, disclose that the petitioner has encroached upon the Government's land bearing Sy. No. 4/1 of Kowdenahalli Village, K.R. Puram Hobli, Bangalore East Taluk and he has also constructed a house there. Inspite of best efforts by the Revenue Inspector, the said person has continued to construct the said house. Therefore, the Tahsildar has lodged the complaint under the aforesaid provisions and the police have registered a case in Crime No. 95/2011 and investigated the matter and submitted the charge sheet before the X Additional Chief Metropolitan Magistrate, Bangalore, who took cognizance and issued summons to the accused. Infact, the accused appeared before the Court and enlarged on bail and it appears that the case is now set down for recording plea of the accused.

(3.) RELYING upon the said notification, the Court has held that the procedure contemplated by the Government shall be satisfied before lodging of such complaint against the persons, who alleged to have encroached upon the Government land. At Paragraph 4, this Court has held in the following manner: