- 1 - NC: 2025:KHC:12584 CRL.P No. 3115 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.3115 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: SMT. MANJULAMMA W/O PRABHAKAR REDDY AGED ABOUT 55 YEARS R/AT PRABHAKAR COMPOUND NEAR MAMATHA SCHOOL MANJUNATHNAGAR, R.T. NAGAR BANGALORE-560 032. …PETITIONER (BY SRI. SRINIVAS V, ADV.,) AND: 1. STATE OF KARNATAKA BY RAJANUKUNTE P S BANGALORE-560 064 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001. 2. THE TAHASILDHAR BANGALORE NORTH TALUK (ADDITIONAL), YELAHANKA BANGALORE-560 001. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 & R2 IS SD) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12584 CRL.P No. 3115 of 2023 THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.5107/2019 ON THE FILE OF II ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BANGALORE REGISTERED FOR OFFENCE P/U/S 192(A) OF KLR ACT, REGISTERED PURSUANT TO THE CRIME NO.281/2016 BY THE IST RESPONDENT POLICE AS AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the entire proceedings initiated against her in C.C.No.5107/2019 on the file of the Court of II Additional Chief Judicial Magistrate at Bengaluru, for the offence punishable under Section 192(A) of Karnataka Land Revenue Act, 1964. 2. FIR in Crime No.281/2016 came to be registered at Rajanakunte Police Station, against the petitioner for the offence punishable under Section 192(A) of Karnataka Land Revenue Act, 1964, on a complaint lodged by the Tahsildar, wherein it is alleged that the petitioner is illegally forming a layout in an agricultural land bearing Survey No.59/2. - 3 - NC: 2025:KHC:12584 CRL.P No. 3115 of 2023 3. It is the contention of the learned counsel for petitioner that before taking any action under Section 192(A) of Karnataka Land Revenue Act, an opportunity has to be given to the person, as held by this Court in Smt. Lalitha Shastry v. State of Karnataka reported in ILR 2008 KAR 4520 and in the present case no such opportunity was given. 4. In the complaint, it is stated that inspite of informing the petitioner, she has continued to form the layout illegally in the land in question, however, no such material for having issued any notice or intimation to the petitioner is forthcoming. In the above referred judgment, at para 4, this Court has held as follows: "4. From the aforesaid circular it is clear the Government is now convinced that opportunity an should be given to all those alleged encroachers of Government land before any proceedings are initiated under Section 192 A of the Act. In fact it stipulates a procedure under which a show cause notice is to be given calling upon those alleged encroachers to file their objections within 15 days. If no objections are received authorities are called upon to visit the spot, conduct a Mahazar in the presence of the villagers, obtain their signatures and thereafter to initiate criminal proceedings if they are satisfied that there is encroachment. In the event of alleged encroachers producing documents to examine the same and only in the event of the said documents are found to be - 4 - NC: 2025:KHC:12584 CRL.P No. 3115 of 2023 fabricated or duplicate, to initiate proceedings under Section 192A of the Act. In fact the said procedure contemplated by the Government satisfy the requirement of principles of natural justice, an opportunity is given to these persons to realise whether they have occupied a Government land and if they are convinced to surrender possession to avoid criminal prosecution. That would meet the end's of justice. In that view of the matter, as the criminal prosecution is launched against all these petitioners without affording an opportunity to have their say and in the light of the circular which is passed by the Government, these proceedings cannot be sustained." 5. This court in Crl.P No.6633/2019 disposed on 15.02.2023, relying on the judgment in Smt. Lalitha Shastry’s case has allowed the said petition as there was no opportunity given to the petitioner therein before initiating proceedings under Section 192(A) of Karnataka Land Revenue Act. 6. Learned High Court Government Pleader has vehemently contended that the petitioner was found unauthorisedly forming a layout in Survey No.59/2 of Rajanukunte without the land being converted from agricultural to non-agricultural. She has therefore contended that the prosecution was rightly launched under Section 193(A) of Karnataka Land Revenue Act. - 5 - NC: 2025:KHC:12584 CRL.P No. 3115 of 2023 7. In the case on hand, there is no material placed to show that an opportunity was granted to petitioner before registering the FIR and initiating criminal proceedings against her under Section 192(A) of Karnataka Land Revenue Act, and therefore, in light of the decision noted supra, the proceedings have to be quashed. Hence, the following: ORDER Criminal Petition is allowed. The impugned proceedings in C.C.No.5107/2019 on the file of the Court of II Additional Chief Judicial Magistrate at Bengaluru is quashed. Liberty is reserved to the respondent to take proper action in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 23