LAWS(KAR)-2018-12-340

PREMIUM CONSTRUCTIONS PRIVATE LIMITED Vs. STATE OF KARNATAKA

Decided On December 13, 2018
Premium Constructions Private Limited Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioners have sought for quashing the entire proceedings in Crime No.88/2013 registered by the Bengaluru Metropolitan Task Force on 23-5-2013 pending on the file of Chief Metropolitan Magistrate, Bengaluru.

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

(3.) Facts leading to this petition are that on the basis of the complaint filed by the Tahsildar, Bengaluru East Taluk (K.R.Pura) dated 23.5.2013, the Bengaluru Metropolitan Task Force police have registered the case. The allegations are that in Survey No.13/2 and 14 within the limits of K.R. Pura Hobli, 'Fortune Valley Layout' was developed without obtaining the approval by the Bangalore Development Authority and in violation of the Town and Country Planning Act. The approval taken from the Grama Panchayat is not in accordance with law. The development charges and licence fee are also not paid to the Government in respect of the said layout. On the basis of the said complaint, a criminal case is registered in Crime No.88/2013 for the offences punishable under Sec. 420 IPC, Sec. 192(A) of KLR Act, Sec. 321(B) of KMC Act and Sec. 72 of BDA Act.