IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 20^th DAY OF AUGUST, 2010

BEFORE

THE HON'BLE MR. JUSTICE B. SREENIVASE GOWDA

Criminal Petition No. 5101 of 2009

BETWEEN

P. Manjunatha $\mathbf{1}$

S/o. G. Basavaraja, Age: 26 Years. Second Division Clerk, Sub Registrar Office, Holalkere, Chitradurga.

$2.$ Siddappa

$S/o Guddappa,$ Age: 50 Years Attendar (Gunastha) Sub Registrar Office, Holalkere, Chitradurga.

... Petitioners

(By Sri. B.L. Kumar, Adv.)

AND

• Tahsildar. $\mathbf{1}$ Taluk Office. Holalkere, Chitradurga District.
• State of Karnataka $2.$ By Holalkere Police Station,

Rep: by State Public Prosecutor. ... Respondents

(By Sri. B Raja Subramnya Bhat, HCGP)

This Criminal Petition filed U/S. 482 Cr.P.C. praying the proceedings prosecuting against the auash to petitioners (accused No.3 and 4) in charge sheet dated 16.06.2009 in C.C. No.617/09 pending on the file of the Civil Judge (Jr. Dn.) & JMFC, Holalkere, in crime no.4/09 2.1.2009 registered by the Holalkere Police, dated Holalkere.

This Criminal Petition coming on for admission, this day, the Court, made the following:

ORDER

The Petitioners who are arrayed as Accused Nos. 3 and 4 in C.C. No.617/09 pending on the file of the Civil Judge (Jr. Dn.) & JMFC, Holalkere, have preferred this petition for quashing of the proceedings of the said case.

$2.$ The facts leading to the case are:

The Tahsildar, Holalkere Taluk, 1^st respondent herein lodged a complaint against the petitioners (accused nos.3 and 4) who are working as Second Division Clerk and Attender respectively in the office of the Sub

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Registrar, Holalkere, Chitradurga District with the 2^nd respondent police alleging that they were involved in creating a sale deed in favour one Smt. K. Shashikala in respect of lands in Sy. Nos.168 and 69 measuring 19 acres 8 guntas situated at Sadarahalli Grama, Kasaba Hobli, Holalkere Taluk and in RE Sy. No.11 and 19 measuring 18 acres 24 guntas and 2 acres 8 guntas respectively situated at Keshavapura Grama, Holalkere Taluk. The police field a charge sheet and the Trial Court has taken cognizance of the offence punishable under Sections 197, 198 and 420 IPC read with Section 192-A of the Karnataka Land Revenue (amendment) Act, 2007 and ordered process against the petitioners.

Learned Counsel appearing for the petitioners $3.$ neither the allegations made $\mathbf{in}$ the submits that complaint nor the materials collected during investigation constitute any offence much-less the one alleged do under Sections 197, 198 and 420 of IPC read with Section 192-A of the Karnataka Land Revenue (amendment) Act,

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2007 and therefore, he prays for allowing the petition by quashing further proceedings of the criminal case.

$4.$ Learned Govt. Advocate submits that the land in question were forfeited by the Government under Section 45(A) (3) of the Land Revenue Act and in the event of this Court quashing further proceedings in C.C. No.617/2009 it may be done without prejudice to forfeiture of land by the Government.

Section 197 of IPC deals with issuing or signing false $5.$ certificate and Section 198 of IPC deals with using as true a certificate known to be false.

Section $192-A$ Karnataka $\quad \text{of} \quad$ Land Revenue (amendment) Act, 2007 reads thus:

192-A.- Offences and Penalties.- Notwithstanding anything contained in the Act or the rules made thereunder whoever commits any of the offence specified in column (2) of the Table below, shall on conviction by a

judicial Magistrate of first class for each of such offence be punishable with the sentence indicated in column (3) thereof.

deed dated the 30.11.2006 reveals $7.$ The sale Government of Karnataka has granted mining lease vide GA.BHU.E:GAGUSA:mm.2062/06-07 dated $\mathbf{N}o$ . lease in favour of T. M. Manjunath, husband of 11.08.2006 Smt. Annapura in respect land measuring 19 acres 08 Sv. Nos. 68 & 69 of Sadarahalli Grama, guntas in Holalkere Taluk and 18 acres 24 guntas and 2 acres 08 guntas of land in Sy.No. 11 and 19 respectively of Keshavapura Grama, Holalkere Taluk. After the death of said Manjunath the mining lease has been transferred in the name of Smt. Annapurna vide transfer order No. GA.Bhu.E:Ga.Gu.Sa.MM 2062/06-07 dated $11.08.2006$ and that she has sold the lands in question, in favour of $\overline{of}$ Shrisha Enterprises. Shashikala. Director $Smt.$ No.76/3, 4^th Main Road, 8^th Block, Nagarabhavi 2^nd Stage,

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Molagalu, Bangalore 560 091, under sale deed dt. 30-11-2006 registered in the office of sub-Registrar, Holalkere. vide registration No.243/91-92.

All that the petitioners are required to do when an 8. instrument is presented for registration is whether the requisite stamp duty and registration fee are paid and an instrument sought to be registered is genuine or not. That being so, it cannot be said that the registration of sale deed executed by Smt. Annapurna in favour of Smt. Shashikala is in violation of Section 197 and 198 of IPC read with Section 192(A) of Karnataka Land Revenue (amendment) Act, 2007.

9. As the ingredients required for constituting an offence contemplated under Sections 197, 198, 420 of IPC read with Section 192-A of the Karnataka Land Revenue (amendment) Act, 2007 are not present either in the complaint or in the material collected during investigation. The act of police in filing charge sheet against the petitioners and continuation of such criminal proceedings

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against them will amount to abuse of process of law and it will not serve any purpose and therefore further proceeding in C.C. No. $617/2009$ pending on the file of the Civil Judge (Jr. Dn.) & JMFC, Holalkere is liable to be quashed in so far as petitioners are concerned.

10. Accordingly criminal petition is allowed. The charge sheet dated 16.06.2009 in C.C. No.617/2009 pending on the file of the Civil Judge (Jr. Dn.) & JMFC, Holalkere (in Crime No.04/09 dated $02.02.2009$ registered by the Holalkere Police, Holalkere is hereby quashed in so far it relates to petitioners - accused Nos.3 and 4 are concerned, without prejudice to forfeiture of lands in question by the Government.

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