HC: Special court for land-grabbingcases can’t try cheating matters

Bengaluru: The high court has said the special court for land-grabbing cases cannot deal with an offence of cheating registered under the Indian Penal Code (IPC).
Justice HP Sandesh made the observation while partly allowing a criminal revision petition filed by Chennakeshava, a resident of east Bengaluru. He challenged a Jan 12, 2024, order passed by the Karnataka Land Grabbing Prohibition Special Court in Bengaluru, which rejected his petition seeking discharge.
It is alleged that the petitioner constructed a building over a stormwater drain and formed a layout in a ‘B' kharab land. The Bangalore Metropolitan Task Force (BMTF) registered a case under Section 192-A of the Karnataka Land Revenue Act and Section 420 (cheating) of the IPC.
Even though Chennakeshava contended that BMTF has no power and the special court for land grabbing cases has no jurisdiction to investigate or try the offence under Section 420 of IPC, and sought discharge, the special court rejected the same. It held that it can try the offence along with the offence or violation under the Karnataka Land Revenue Act.
Justice HP Sandesh noted that since the complaint discloses the commission of offences under the Karnataka Land Revenue Act and Section 420 of the IPC, BMTF is empowered to inquire into the offences pertaining to govt land and property.
"If the complaint discloses the commission of offences only under the IPC or under the Karnataka Police Act, then it will not be competent on the part of BMTF to proceed with the investigation," the judge added.
Setting aside the order of the special court that it can try IPC offences, the judge directed it to split the case and send the IPC offences part back to the jurisdictional magistrate.
Bengaluru: The high court has said the special court for land-grabbing cases cannot deal with an offence of cheating registered under the Indian Penal Code (IPC).
Justice HP Sandesh made the observation while partly allowing a criminal revision petition filed by Chennakeshava, a resident of east Bengaluru. He challenged a Jan 12, 2024, order passed by the Karnataka Land Grabbing Prohibition Special Court in Bengaluru, which rejected his petition seeking discharge.
It is alleged that the petitioner constructed a building over a stormwater drain and formed a layout in a ‘B' kharab land. The Bangalore Metropolitan Task Force (BMTF) registered a case under Section 192-A of the Karnataka Land Revenue Act and Section 420 (cheating) of the IPC.
Even though Chennakeshava contended that BMTF has no power and the special court for land grabbing cases has no jurisdiction to investigate or try the offence under Section 420 of IPC, and sought discharge, the special court rejected the same. It held that it can try the offence along with the offence or violation under the Karnataka Land Revenue Act.
Justice HP Sandesh noted that since the complaint discloses the commission of offences under the Karnataka Land Revenue Act and Section 420 of the IPC, BMTF is empowered to inquire into the offences pertaining to govt land and property.
"If the complaint discloses the commission of offences only under the IPC or under the Karnataka Police Act, then it will not be competent on the part of BMTF to proceed with the investigation," the judge added.
Setting aside the order of the special court that it can try IPC offences, the judge directed it to split the case and send the IPC offences part back to the jurisdictional magistrate.