H.J. YOGANANDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these petitions, the petitioners have prayed for the following reliefs:-

(2.) The respondent No.2 (common in all these petitions) has filed complaints alleging that during the festivals, the petitioners were stated to have put up illegal banners, buntings and flexboards, without the permission of the competent authority thereby commiting the offence under sections 3 and 5 of the Karnataka Open Spaces (Prevention of Disfigurement) Act, 1981 (for short "the Act"). Consequently, F.I.R. was registered on 29.12.2015 and charge sheet has been filed.

(3.) Learned counsel for the State has not disputed that the petitioners are accused. In respect of co-accused, this court in Criminal Petition No.505/2017 and connected matters, decided on 20.06.2018, quashed the proceedings and allowed the petitions on the score that section 1 of the Act provides for issuance of notification relating to identifying authorized officer/s. The said notification has not been notified in appointing authorities in respect of different areas. As on the date of filing of complaint/F.I.R., the State Government had not invoked section 1 of the Act in issuing notification and identifying authorities for different areas including Hunsur Town, Mysuru District. The facts of these present petitions are identical to that of the aforesaid decision passed in Criminal Petition No.505/2017 and connected matters, which are not disputed by the learned State Counsel.