- 1 - HC-KAR NC: 2026:KHC:31856 CRL.P No. 5384 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 5384 OF 2019 BETWEEN: 1. SMT. SHWETHA W/O LOHITH AGED ABOUT 32 YEARS R/A SAMETHANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK - 562 114 BANGALORE RURAL DISTRICT. 2. SRI RAJESH S/O GOPALAPPA AGED ABOUT 27 YEARS R/A SAMETHANAHALLI VILLAGE ANUGONDANAHALI HOBLI HOSKOTE TALUK-562114 BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI BASAVANNA M D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY THIRUMALASHETTIHALLI POLICE STATION BY ITS GOVERNMENT PLEADER HIGH COURT BUILDING COMPLEX BANGALORE-01. 2. SRI H D RAGHU Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31856 CRL.P No. 5384 of 2019 REVENUE INSPECTOR ANUGONDANAHALLI HOBLI HOSKOTE TLAUK - 562 114 BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1 & R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO (a) QUASH FIR VIDE FIR.NO.54/2014 FOR AN OFFENCE P/US/.192- A OF KARNATAKA LANK REVENUE ACT R/W 447 IPC AND CONSEQUENTLY FILING CHARGE SHEET BY THE FIRST RESPONDENT IN C.C.NO.252/2016 ON THE FILE OF THE THIRUMALASHETTIHALLI POLICE STATION AND ALSO REGARDING ISSUANCE OF SUMMONS DATED 04.08.2016 PRODUCED UNDER ANNXURE-C,D AND E NOW THE SAME IS PENDING ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU, BENGALURU RURAL DISTRICT. (b) QUASH THE TRANSFER OF CASE IN C.C.NO.252/2016 ON THE FILE FO THE THIRUMALASHETTIHALLI POLICE STATION ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC AT HOSKOTE BENGALURU RURAL DISTRICT TO THE NEWLY ESTABLISHED LAND GRABBING COURT DATED 25.02.2019 PRODUCED AT ANNEXURE-I. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging registration of FIR no.54/2014 by Thirumalashettihalli Police station and charge sheet in CC no.252/2016 presently on file of Additional Civil Judge and JMFC, Hoskote, Bengaluru Rural District, this petition is filed. - 3 - HC-KAR NC: 2026:KHC:31856 CRL.P No. 5384 of 2019 2. Sri Naveen J, learned counsel appearing for Sri Basavanna MD, learned cousnel for petitioners submitted that initiation of proceedings against petitioners-accused was alleging offence punishable under Section 192A of Karnataka Land Revenue Act. It was submitted that this Court in Smt.Lalitha Sastry v. State of Karnataka reported in ILR 2008 KAR 4520 has held prior to initiation of proceedings for offence under Section 192A of KLR Act, issuance of notice, providing time to file objections, conduct of spot inspection, drawing up of mahazar, etc., was held to be mandatory and material on record would indicate that without compliance with mandatory procedure, proceedings were initiated. Therefore, sought for allowing petition. 3. Smt.Sowmya, learned HCGP for respondent-State would oppose petition, but unable to dispute legal position in view of ratio laid down in Smt. Lalitha Sastry's case (supra). 4. Heard learned counsel and perused material on record. 5. This petition is by accused challenging proceedings initiated against them under Section 192A of KLR Act. As rightly - 4 - HC-KAR NC: 2026:KHC:31856 CRL.P No. 5384 of 2019 submitted, this Court has mandated following of procedure of issuance of notice, spot inspection and drawing up of mahazar prior to initiation of prosecution. Material on record does not indicate compliance with said requirement. 6. Following ratio in Smt. Lalitha Sastry's case (supra), petition is allowed, proceedings in FIR no.54/2014 registered by Thirumalashettihalli Police station and charge sheet in CC no.252/2016 presently on file of Additional Civil Judge and JMFC, Hoskote, Bengaluru Rural District are set at naught with liberty to respondent-State to take action in accordance with law. Sd/- (RAVI V HOSMANI) JUDGE YKL List No.: 1 Sl No.: 24