The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The special court for land grabbing cases cannot deal with the offence registered under IPC section 420 for cheating, the high court said in a recent judgement. Justice HP Sandesh said this while partly allowing the criminal revision petition filed by one Chennakeshava, a resident of Bengaluru.
The Bangalore Metropolitan Task Force (BMTF) had registered a case under section 192-A of Karnataka Land Revenue Act and IPC section 420 against Chennakeshava alleging that he had constructed a building over the ‘Raja Kaluve’ and formed a layout in ‘B’ Kharab land. Chennakeshava had filed a petition before the special court seeking discharge contending that neither the BMTF has power nor the special court has jurisdiction to investigate/try respectively the offence under IPC section 420. He moved the high court after the special court dismissed his petition holding that it can try the said offence along with the offence/violation under the Karnataka Land Revenue Act.
Justice HP Sandesh noted that since the complaint disclosed commission of offences under the Karnataka Land Revenue Act and IPC section 420, the BMTF is empowered to enquire into the offences since it pertains to the government land and property. “If the complaint discloses commission of offences only under the IPC or under the Karnataka Police Act, then it will not be competent on the part of the BMTF to proceed with the investigation,” Justice Sandesh said, adding that the power is not vested with land grabbing court to deal with IPC offences.
The court has now issued directions to split the charge sheet and assign it to the respective courts having jurisdictions. “The Magistrate, who commits the case to the Land Grabbing Court to split up the IPC offence and send the charge sheet to Land Grabbing Court and retain the material regarding the IPC offence and proceed in accordance with law,” the court said.