IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7025 OF 2014 BETWEEN:
S. MUNIRAJU S/O. LATE SURAPPA AGED ABOUT 58 YEARS R/AT NO.26, MANDIBELE VILLAGE VIJAYAPURA HOBLI BANGALORE RURAL DISTRICT – 562 135 …PETITIONER (BY SRI. VISHNU MURTHY, ADVOCATE) AND:
1 STATE OF KARNATAKA BY DEPARTMENT OF FOREST VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE 2 RANGE FOREST OFFICER DEVANAHALLI RANGE DEVANAHALLI BANGALORE RURAL DISTRICT 3 ASSISTANT CONSERVATOR OF FOREST DODDABALLAPURA SUB-DIVISION DODDABALLAPURA DEVANAHALLI BANGALORE RURAL DISTRICT ALL ARE REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE – 560 001 ...RESPONDENTS (BY SRI. I.S PRAMOD CHANDRA, SPP-II) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN C.C. NO.1137/2014 FOR AN OFFENCE U/S. 24[g] [gg],[h], 42, 73[d] OF KARNATAKA FOREST ACT AND U/S. 2 R/W. SEC. 3-A OF FOREST [CONSERVATION] ACT, WHICH IS PENDING ON THE FILE OF CIVIL JUDGE [JR. DN.] & JMFC, DEVANAHALLI.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner and learned SPP-II appearing for respondents.
2. The petitioner is accused of committing offences punishable under sections 24[g] [gg] and [h], 42, 73[d] OF Karnataka Forest Act and section 2 r/w. Section 3-A of Forest [Conservation] Act.
3. The allegations against the petitioner is that the petitioner herein unauthorizedly trespassed into the forest land and with the use of JCB, removed the standing trees comprised in Sy. No.3 of Mandibele village, in an extent of 3 acres 39 guntas.
4. Placing reliance on the decision of this Court in Criminal Petition No.2794/2014 dated 12.02.2018, learned counsel would contend that in the absence of any joint survey and demarcation of the forest area, initiation of the proceedings against the petitioner for the alleged offences is without jurisdiction and opposed to the provisions of the Forest Act.
5. In identical situation, considering the fact that joint survey was not conducted by the Revenue Department and Forest Department with regard to boundaries said to be in unlawful occupation of the accused persons, the proceedings was quashed against accused in Criminal Petition No.2794/2014 and the Government was directed to conduct joint survey.
6. Instant case bears similarity with the above said case. A reading of the complaint indicates that the petitioner herein was called for hearing on 18.01.2012 and since he failed to appear for the hearing, the prosecution has been launched against him. The averments in the complaint disclose that much before the date of hearing, survey was conducted in the absence of the petitioner on 15.01.2012. Therefore, the impugned proceedings cannot be sustained.
7. As a result, proceedings registered against the petitioner in CC No.1137/2014 are quashed, reserving liberty to the Government to conduct joint survey after issuance of notice to the petitioner and in the event any unauthorized or illegal possession of forest land by the petitioner is detected, respondents are at liberty to take appropriate action against the petitioner in accordance with law.
8. With this observation, petition is allowed in terms of the above order.
Consequently, I.A. No.1/2014 is disposed of.
Sd/- JUDGE AN/-