RAJASHEKARAIAH K.V. Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Petitioners who have been arrayed as Accused Nos.3 to 5 in LGC No.208/2023 are knocking at the doors of writ court for quashment of proceedings pending on the file of Special Court as against them on the ground that they have nothing to do with the lands in question.

(2.) Learned counsel for the petitioners vehemently argues that setting the criminal law in motion is a serious matter vide M/S.PEPSI FOODS LTD., Vs. SPECIAL JUDICIAL MAGISTRATE, AIR 1998 SC 128 and therefore the subject proceedings could not have been initiated against his clients in the absence of prima facie material required for sustaining the same. He further submits that now the case is at the stage of 'Hearing Before Charge' and that his clients have already filed objections to the same and therefore without taking a decision thereon, their personal appearance cannot be insisted upon.

(3.) Learned AGA on request appeared for the official respondents, notice to private respondents having been dispensed with, opposes the petition contending that when the matter in the court below is at the stage of Sec.227 of Cr.P.C., 1973, all contentions are open to the petitioners to resist framing of charge and that petitioners admittedly have filed objections thereto; that being the position they are not justified in hurriedly rushing to the writ court. He relies upon the decision of this court in W.P.No. 15064/2024 (KLGP) between RAMESH PADATHARE vs STATE OF KARNATAKA and OTHERS, disposed off on 5/12/2024 in support of his submission.