IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.1635/2015 BETWEEN:
1. Gopal Achari, S/o. A. Annappa, Age 56 years, Occ: Range Forest Officer, Sirigere, Shimoga – 577 211.
2. Nagaraj, S/o Veerabasappaa Gowda, Age 56 years, Occ: Jeep Driver, Sirigere, Wildlife Range, Shimoga – 577 211.
3. Hanumantappa, S/o H.Ramachandrappa, Age 58 years, Occ: Forest Officer, Sirigere, Wildlife Range, Shimoga – 577 211.
(By Sri. B.S.Prasad, Advocate) AND:
1. The State of Karnataka, Represented by …Petitioners Thirthahalli Police, Thirthahalli Circle, Shimoga District – 577 432.
2. Smt. Vinoda, W/o Vijaydev, Age 34 years, Occ: Agriculture, Aluru Hoskoppa, Masihanajettu, Dyamalapura Post, Thirthahalli Taluk, Shimoga District – 577 211.
… Respondents (By Sri. Vijayakumar Majage, Addl. S.P.P. for R1; R2 Served and unrepresented) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings as against petitioners in C.C.No.580/2014 pending on the file of Civil Judge and JMFC at Thirthahalli.
This Criminal petition coming on for hearing, this day, the Court made the following:
O R D E R Petitioners are forest officials. On 11.03.2013, petitioners herein were involved in conducting a Panchanama in respect of an illegal construction that was effected by the husband of respondent No.2 in a Forest Area comprised in Sy.No.37, Mushiyanajidu Kumadwale Manna Forest, Aaluru Village, Agrahara Hobli, Thirthahalli Taluk in FCO No.39/2012-13 dated 11.03.2013.
2. Respondent No.2 herein lodged a complaint against the petitioners in Thirthahalli Police Station alleging that at about 11.30 A.M. when she was in the house, petitioners herein asked her to come out of the house and when she refused, the petitioners herein dragged her holding her tuft and also abused her. Based on this allegation, a FIR was registered in Crime No.63/2013 under Sections 504, 323, 354, 506 r/w 34 of IPC. After investigation, charge sheet has been laid against the petitioners for the above offences and the learned Magistrate took cognizance of the same and issued summons to the petitioners. Aggrieved by the said proceedings, petitioners have approached this Court under Section 482 of Cr.P.C.
3. Learned counsel for the petitioners would submit that the complaint lodged against the petitioners is sequel to the Forest case filed against the husband of respondent No.2/complainant. The allegations made in the said complaint as well as in the charge sheet even if accepted as true would only go to show that the alleged acts were committed by the petitioners while in discharge of their official duties. Under the said circumstances, cognizance taken by the learned Magistrate without prior sanction under Section 197 Cr.P.C. is bad in law and has vitiated the entire proceedings.
4. Learned Addl. SPP appearing for respondent No.1 argued in support of the impugned action contending that the material collected by the Investigating Agency prima-facie discloses that the petitioners herein committed the offence punishable under Section 354 of IPC and in the process abused the complainant with filthy language and used criminal force against woman. Therefore, there are prima-facie materials to proceed against the petitioners and hence, there is no ground to quash the impugned proceedings.
5. Counsel for respondent No.2 is duly served and unrepresented.
6. Considered the submissions and perused the records.
7. According to the prosecution, the alleged incident had taken place while the complainant was in her house. The complaint is silent as to the door number or any other particulars of the house wherein the alleged incident is stated to have taken place. In the charge sheet also there is no reference to the door number or any other particulars of the house, wherein the complainant is alleged to have been residing and wherein the alleged incident had taken place. The spot panchanama enclosed to the charge sheet describes the spot of occurrence as under:
East: Government Forest West: Government Forest North: Government Forest South: Foundation and the wall under construction to a height of 5 feet.
This description goes to show that there was no house at the spot of occurrence. According to the prosecution, the alleged incident has taken place in a temporary shed. A reading of the panchanama discloses that a foundation was laid for construction of a shed at the spot. In the said circumstances, the very basis of the prosecution of the petitioners that the alleged occurrence has taken place in the house occupied by respondent No.2/complainant falls to the ground. In this background, if the material produced by the petitioners is perused, it goes to show that much before lodging of the complaint by respondent No.2/complainant, a case was registered against the husband of the complainant/respondent No.2 in FOC No.39/2012-13 and Panchanama was prepared at the spot, which indicates that an unlawful structure was being constructed in a forest land. These circumstances therefore, indicate that criminal process has been set in motion by respondent No.2 as sequel to the forest case registered against her husband.
8. That apart, the circumstances discussed above would clearly go to show that the alleged offence has taken place while the petitioners herein were engaged in discharging their official duty in clearing the encroachment made in the Forest Department. Under the said circumstances, even if it is assumed that the alleged incident had taken place as alleged by the prosecution, the said act having been committed by the petitioners while in discharge of their official duties, prosecution of the petitioners for the alleged offences is not tenable and could not have been initiated without prior sanction as required under Section 197 of Cr.P.C. Thus, viewed from any angle, I am of the view that prosecution launched against the petitioners being illegal and malafide cannot be sustained.
As a result, petition is allowed. Prosecution initiated against the petitioners in C.C.No.580/2014 pending on the file of Civil Judge & JMFC, Thirthahalli, is quashed.
Sd/- JUDGE SV