B.A. LOKESH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two petitions are filed by the common petitioners seeking to quash the order dated 22.12.2012 passed by the District and Sessions Judge, Chickballapur in Crl.R.P.No.109/2010 and Crl.R.P. No.102/2010, whereby the learned Sessions Judge has confirmed the orders passed by respondent No.2 dated 28.10.2010 in No.MAG(1)MSC/CR/26/2010-11 and dated 21.10.2010 in No.MAG(1)MSC.CR/25/ 2010-11, respectively.

(2.) The brief facts of the case are that on 18.10.2010, the District Administration with the help of National Highway officers and police personnel, demolished unauthorized Sunkalamma temple structure which was situated on the Bangalore - Hyderabad National Highway No.7, near Paragodu Village, Bagepalli Taluk, pursuant to the directions of the Hon'ble Supreme Court. During demolition, thousands of people gathered at the spot and tried to obstruct the officers from discharging their official duties. Some miscreants poured kerosene on Government vehicles and officers and assaulted officials and police personnel. Due to heavy stone pelting, many policemen and officials sustained serious injuries. Vehicles like JCB were damaged and Highway patrolling vehicles were set on fire.

(3.) The allegations against the present petitioners are that during the operation, petitioner No.1 being the President and petitioner No.2 being the Councilor of CMC, Chickballapur, prevented two JCBs to come to the spot and thereby obstructed the demolition work. In view of the impending threat and obstruction caused by the petitioners, the Magistrate/respondent No.2 issued an arrest warrant under Section 44 of Cr.P.C. Proceedings were also initiated against the petitioners under Sections 133 and 144 of Cr.P.C., on 28.10.2010 in No.MAG(1)MSC/CR/26/2010-11 and on 21.10.2010 in No.MAG(1)MSC.CR/25/2010-11. After detailed enquiry, the Additional District Magistrate, Chickballapur, namely respondent No.2 passed the following order: