S.S. TOPGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two petitions are arising out of Cr. No. 68/2013 registered by Bengaluru Metropolitan Task Force (for short 'BMTF') for the offences punishable under Sections 192-A and 192-B of Karnataka Land Revenue Act, 1964 and Sections 119 and 409 read with Section 34 of Indian Penal Code, 1860.

(2.) Heard the learned Counsel for the petitioners and learned Additional SPP for respondent 1. Respondent 2 is duly served and unrepresented.

(3.) Learned Counsel for the petitioners at the outset has placed reliance on the decision of this Court in Srinath Mangalore v. State of Karnataka and Others 2019 (1) Kar.L.J. 34, W.P. No. 26160/2013 (GM-RES) connected with Cri.P. No. 2459/2013 and W.P. No. 26162/2013 (GM-RES), dated 26-9-2018 and submitted that a Co-ordinate Bench of this Court has already held that Bengaluru Metropolitan Task Force (for short 'BMTF') which registered the FIR in the instant case is not a "police station" in terms of Section 2(s) of Criminal Procedure Code, 1973 and that BMTF ceased to be in force w.e.f. 18-3-2013 and therefore BMTF had no jurisdiction either to register the case against the petitioners or to investigate into the alleged offences and hence the proceedings initiated against the petitioners being without authority of law is stark abuse of process of Court.