LAWS(KAR)-2018-12-353

SRI H C ANANTHASWAMY Vs. STATE OF KARNATAKA

Decided On December 18, 2018
Sri H C Ananthaswamy Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioners have sought for quashing the complaint dated 30.07.2012 at Annexure 'A' and complaint dated 14.08.2012 at Annexure 'C' lodged by respondent and the FIR dated 30.07.2012 in Crime No.155/2012 at Annexure 'B' before the Bangalore Metropolitan Task Force Police Station, Bangalore.

(2.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader.

(3.) The facts leading to this petition are that on the basis of the complaint filed by the PSI, BMTF Police Station, Bangalore dated 30.07.2012 the FIR was registered. The allegations are that on 06.01.2012 news was published in a daily newspaper that in Ward No.114, Cambridge Road, Halasoor, on a storm water drain, the illegal construction has been put up. Based on which the Deputy Director of Town Planning directed to inspect the spot and give a report. On 24.01.2012 a report was submitted after inspection of the spot adjacent to Meera School, Halasoor, on Cambridge Road in BBMP Ward No.114 regarding unauthorised constructions of latrines. Further it is alleged that the BBMP officials have made the illegal constructions in violation of Sec. 192-A of Karnataka Land Revenue Act. Later, one more complaint was filed by the PSI, BMTF for inclusion of Sec. 409 of Penal Code on the allegation that the BBMP officials have committed criminal breach of trust by misusing the property and by making illegal constructions on the storm water drain.