N. GNANASHIVANANDA Vs. SUB-INSPECTOR OF POLICE
LAWS(KAR)-2022-2-94
HIGH COURT OF KARNATAKA (FROM: BENGALURU)
Decided on February 15,2022

N. Gnanashivananda Appellant
VERSUS
SUB-INSPECTOR OF POLICE Respondents

JUDGEMENT

- (1.)The second respondent lodged a complaint before the Jurisdictional Police alleging that the petitioner by giving false information to his higher officer got sanctioned/granted the land to an extent of 4 Acres 38 Guntas in Survey No.109 of Biderekere Village in the name of his wife by misusing his power and there by cheated the Government.
(2.)The Police after investigation filed the charge sheet against the petitioner for offence punishable under Sec. 192(A) of the Karnataka Land Revenue Act and under Sec. 420 of IPC. Thereafter, the petitioner filed an application under Sec. 239 of Cr.P.C. to discharge him for the alleged offences. The learned Magistrate dismissed the application against which the petitioner filed the Criminal revision petition under Sec. 397 r/w sec. 401 of Cr.P.C. before the jurisdictional Revision Court. The Revision Court dismissed the criminal revision petition filed by the petitioner by confirming the order passed by the Additional Civil Judge and JMFC, Sira in C.C.No.361/2014. Taking exception to the same, this petition is filed.
(3.)The learned counsel appearing for the petitioner would submit that the allegation made in the complaint does not disclose the commission of the alleged offence under Sec. 420 of IPC and Sec. 192(A) of the Karnataka Land Revenue Act. He further submits that the petitioner conducted the spot inspection in pursuance of the memorandum dtd. 13/10/2003 issued by the Tahasildar concerned permitting the wife of the petitioner to submit an application for regularization of unauthorized cultivation of the land in Form No.53. Hence, he submits that the petitioner is entitled for discharge in the impugned proceedings.


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