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Judgment
5 paragraphs · 271 wordsH.N. Nagamohan Das
Respondent No. 2 as Assistant Commissioner issued notice to the petitioner as per document No. 1 on 15.12.2008 to produce certain documents in respect of purchase of certain landed property. Accordingly the petitioner submitted his reply on 01.01.2009 and 28.01.2009 as per document Nos. 2 and 3 and produced certain documents. Respondent No. 2 initiated proceedings in LRF No. 2521/2008-09 for violation of Section 79 of the Karnataka Land Reforms Act. In these proceedings, on 30.03.2009, the petitioner obstructed the respondent No. 2 from discharging his official duty, attempted to blackmail him and prevented from passing appropriate orders. Therefore respondent No. 2 lodged a complaint with respondent No. 1 police for suitable action. On the complaint filed by respondent No. 2, respondent No. 1-police registered a case against the petitioner in crime No. 62/2009 for the offence punishable u/s 353 IPC. Investigation is completed and charge sheet is filed. In the circumstances the petitioner is before this Court to quash the proceedings. Even if the entire allegations made in the complaint and the charge sheet are accepted as it is, the same will not constitute an offence u/s 353 IPC. Even in the charge sheet there is no new material except the repetition of the allegations made in the complaint. In the circumstances there is no chance of convicting the petitioner on the basis of investigating material. In the circumstances the proceedings are liable to be quashed. Accordingly, the following;
ORDER
i. Petition is hereby allowed.
ii. Proceedings in C.C. No. 378/2009 on the file of Principal Civil Judge (Junior Division) and JMFC, Kollegal is hereby quashed.