OMKAR Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.PC seeking to quash the impugned order dated 24.09.2018 taking cognizance of offence in Special Case (MMRD) No.928/2018 by the Prl. District and Sessions Judge, Bidar for the offences under Section 3(1), 42 and 31(r), 13 of KMMC Rules and Section 4(1), 21 of MMRD Act and 3(1), 42, 31, 13 of KMMC Rules R/w Section 379 of IPC.

(2.) The facts leading to filing of this petition are as follows:

(3.) It is stated that as per the settled position of law laid down in the matter of Sri. Vivek and another V/s The State of Karnataka by Kunigal Police Station, Tumkur District and another, 2018 2 KCCR 1239 this Court has given several guidelines for registering the complaint under the provisions of MMDR Act and it is specifically held that the Special Court has no jurisdiction to take cognizance of the offence under the provisions of MMDR Act and KMMC Rules along with any other penal offence without the case being committed by the jurisdictional Magistrate. It is also made clear that the Special Court has no jurisdiction to receive final report from the police under Section 173 of Cr.PC in respect of the offences under MMRD Act. Therefore, the presentation of the compliant before the Special Court by the 2nd respondent itself is without any jurisdiction and the cognizance taken by the Special Court based on such complaint is also without jurisdiction and requires to be set aside.