MOHAN THOMAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is arrayed as accused 5 in C.C. No. 112 of 2013 on the file of the 4th Addl. CMM, Bangalore, which is presently transferred to the Court of Karnataka Land Grabbing Prohibition Special Court, Bengaluru, registered in LGC (G) No. 789/2017. The Bengaluru Metropolitan Task Force Police have registered a case in Crime No. 46 of 2012 for the offences punishable under Sections 192-A and 192-B of the Karnataka Land Revenue Act, 1964 read with Sections 406, 409, 420 and 120-B read with Sec. 34 of Indian Penal Code, 1860, which is later culminated in C.C. No. 112 of 2013 after filing of the charge-sheet before the 4th Addl. CMM. Totally 18 accused persons were prosecuted in the said case.

(2.) The brief allegations made against the accused persons are that accused 1 to 9 have conspired between themselves in order to grab the Government property i.e., the Government Raja Kaluve' and encroached the same for the purpose of constructing of residential complex. The said 'Raja Kaluve' was passing through Sy. Nos. 3 to 14 of Chinnappanahalli Village, K.R. Puram, Bengaluru East Taluk. Making allegations that the said 'Kharab land' and 'Raja Kaluve' belonged to them, they have sold the said property in favour of some other persons for the purpose of constructing residential complex.

(3.) The learned Magistrate has taken cognizance and issued summons to the accused. It is seen from the records that accused 8, 9 and 10 have already approached this Court by wav of Crl. P. Nos. 3178,3179 and 3177 of 2013 and this Court vide order dated 20-3-2014, by a detailed order, has allowed the petitions and quashed the proceedings in C.C. No. 112 of 2013, reserving liberty to the respondent-BMTF Police to start an enquiry into the matter by giving sufficient liberty to the petitioners therein to put forth their case and conduct the survey of the encroached portion of the Government land i.e., the Raja Kaluve in their presence and thereafter, take appropriate measures in accordance with law.