LAKSHMIKANT MITRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking the following relief:

(2.) On the basis of the complaint filed by Lakshmikanth Mitra, Afzalpur Police have registered the case in Crime No.228/2016 against accused Nos.1 to 21 for the offences punishable under Sec. 379 of the Indian Penal Code, 1860 (for short, 'the IPC') and Sec. 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, 'MMDR Act'). After investigation, the Investigating Officer has submitted the chargesheet against accused Nos.1 to 23 and the case was registered in C.C. No.30/2018. After trial, the Trial Court has acquitted accused Nos.1 to 11 and 14 to 23 and while passing the judgment of acquittal, the Trial Court has passed an order to issue show-cause notice to PW.1, as to why he should not pay the compensation to each accused for accusation made without reasonable cause against them. The petitioner has filed explanation before the Trial Court. The same was not accepted and the learned Magistrate, by exercising the powers conferred under Sec. 250(1) of the Code of Criminal Procedure, directed PW.1 to pay compensation of Rs.10,000.00 each to accused Nos.1 to 11 and 14 to 23, in default of payment of fine, PW.1 is directed to undergo simple imprisonment for a period of thirty days. Being aggrieved by this order, the petitioner has filed petition in Criminal Revision Petition No.133/2024 before the II Additional District and Sessions Judge, Kalaburagi which came to be dismissed vide order dtd. 11/2/2026. Hence, the petitioner is before this Court.

(3.) The learned counsel appearing on behalf of the petitioner has reiterated grounds urged in the petition, which are as under: