P R KANDASWAMY COMPANY SECRETARY AND DGM (ESTATES) NATIONAL TEXTILE CORPORATION LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has questioned the propriety of implicating him as accused (Annexure-B) in Crime No.312/2010 registered by respondent No.1 for the alleged offences punishable under Section 420 of IPC and Sections 3 (i) (iv) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard the learned counsel appearing for the petitioner and learned HCGP for respondent No.1. Respondent No.2 is duly served and has engaged a counsel. Counsel for respondent No.2 is absent. Perused the records.

(3.) The criminal law was set in motion by respondent No.2 by lodging a complaint dated 29.10.2010, alleging that the properties comprised in Sy. Nos. 20, 21 and 25 of Jakkasandra Village, Kasaba Hobli, Bengaluru North Taluk measuring 0.29 guntas, 0.36 guntas and 1 acre 13 guntas, in all 2 acres 38 guntas were granted to complainant's mother late Huchamma by orders of Special Deputy Commissioner in HOA(S)4/69-69 dated 31.01.1972. Out of the said properties, on 16.01914, an extent of 1 acre 27 guntas was purchased by Mysuru Spinning and Manufacturing Company along with other extent comprised in the said survey number. Later, while transferring the said land to National Textile Corporation, the property belonging to the complainant was also included. Further, it is alleged that by encroaching the property belonging to the complainant who is a member of Scheduled Caste the petitioner has committed the above offences.