SEETARAM C N Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner C. N. Seetharam is accused-1 in Cr. No. 1/83 registered in Harihar Police Station for the alleged commission of the offences of forgery of a document and using it as genuine document, punishable under Ss. 465 and 471 R/W 34 IPC. Cr P. 989/86 has been filed under S. 482 Cr.P.C. for quashing the proceedings including the F.I.R. and the charge sheet, on the file of the J.M.F.C., Harihar, and the writ petition No. 19555/86 has been filed for quashing the sanction accorded by the Government for prosecution (Annexure-A) on the ground that the sanction has been accorded without applying the mind.

(2.) Few salient facts leading to these petitions as averred and as can be gathered from the materials placed in the two petitions are as follows : On the application in Form No. 7 made by one Ningappa for grant of occupancy right in respect of S. NO. 12/A of Nandigavi village, a case bearing No. LRM. TC. 598/76-77 was registered in the Land Tribunal, Harihar. It came to be disposed of by the order dated 30 3-1979 granting occupancy rights in favour of Ningappa and another Sapperahatti Kotrappa. The landlord filed writ petition No. 21253/80 questioning the correctness of the occupancy right so granted. Among other things, it was contended that on 30-3-1979, he was not at all present, he had not given any statement and in collusion with the officials, the Tribunal had passed the order. Since the statements were not written in the hand-writing of the Chairman, the order passed by the Land Tribunal was quashed and the matter was remitted back to the Land Tribunal for enquiry afresh. The writ appeal W A. No. 1503/81 filed by the alleged tenants also came to be dismissed on 30-9-1981 Consequently, when the matter went before the Tribunal, within three days of the receipt of the records, it was disposed of by the order dated 21-10-1981 rejecting the application filed for grant of occupancy right. When the tenants filed writ petition in W.P No. 27862/81 questioning the correctness of the said order of rejection of the application, on the joint memo filed, the order passed by the Tribunal was quashed and the matter was remitted back to the Tribunal for disposal afresh. In the meanwhile, Kuchela Reddy, who claimes to be an adopted son of the original landlord Akkera Thimmappa, complained to the D.I G. C.O.D., Bangalore-1, alleging tampering of the records including the application Form No 7 originally filed before the Tribunal in case No. LRM. TC. 598/76 77. Among other things, he alleged in the complaint made to the D I.G., that Sapperhatti Kotrappa never filed declaration and his name was subsequently entered in the declaration form at the instance of one A. Govinda Reddy, the then member Tribunal and the application was disposed of on 30-3-1979 granting occupancy right in favour of Ningappa and Sapperhatti Kotrappa, the beneficiary being A Govinda Reddy. The complaint was referred to the Special Depu y Commissioner, Chitradurga, who after going into the records sent a report to the Revenue Commissioner and, as directed by the Revenue Commissioner, by D.O. letter dated 1-1-1983, the Special Deputy Commissioner requested the Superintendent of Police, Chitradurga, to register a case. Accordingly, when the case in Cr. No. 1/83 was registered in the police station at Harihar and F.I.R. was sent to the court, the petitioner filed the present criminal petition No. 989/86. The petition coming before the court on 28-10-1986, pending admission, all further proceedings in Cr. No, 1/83 were stayed. On completion of the investigation, the Government also having accorded sanction for prosecution, as per Annexure-A in the writ petition No. 19555/86, the petitioner has filed the writ petition for quashing the sanction for prosecution so accorded on the ground that the sanction has been accorded without applying the mind.

(3.) In substance, the allegations made are : The petitioner who was selected as Class-l Junior Grade Officer by the Karnataka Public Service Commission, was posted as Special Assistant Commissioner, Land Reforms, to discharge the duties as Chairman of the Land Tribunals, Davanagere, Harihar and Hosadurga, with the head-quarters at Davanagere. While so working as Chairman of the Land Tribunal, it is alleged, in collusion with the Secretary N. Lingaiah, the case worker H. Veeranna and the member of the Tribunal A. Govinda Reddy in the application Form No. 7 filed by one Sri Ningappa claiming the occupancy rights in respect of S. No. 12/1 of Nandigavi village at the instance of A. Govinda Reddy. got inserted the name of one Sapperhatti Kotrappa along with Ningappa claiming occupancy right in respect of two more survey numbers and in order to support the claim of the said Sapperhatti Kotrappa, hot only pahanis for the years 1966-67 to 1977-78 were got tampered with, but although the landlord Akkera Thimmappa was neither served with notice nor he had attended the Tribunal, he was shown as having signed on the statement and the order sheet on 30-3-1979 and an order was made granting occupancy right in their (Ningappa and Sapperhatti Kotrappa) favour.