IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5865 OF 2014 BETWEEN:
1. SRI M S HULLATHI, AGED 52 YEARS FORESTER, SIRIGERE RANGE, SHIMOGA TALUK, SHIMOGA DISTRICT 577201 2. SRI.MADHUKARA, AGED 54 YEARS FORESTER, SIRIGERE RANGE, SHIMOGA TALUK, SHIMOGA DISTRICT 577201 3. SRI.NAGENDRAPPA, AGED 53 YEARS S/O VEERAPPA GOWDA, WORKING AS JEEP DRIVER, SIRIGERE RANGE, SIRIGERE, SHIMOGA DISTRICT 577201 4. SRI GANAPATHI, AGED 53 YEARS FOREST GUARD, SIRIGERE RANGE, SIRIGERE, SHIMOGA DISTRICT 577201 5. SRI HUCHAPPA, AGED 58 YEARS FOREST GUARD, SIRIGERE RANGE, SIRIGERE, SHIMOGA DISTRICT 577201 ... PETITIONERS (BY SRI: PRASAD B S, ADVOCATE) AND SRI RAMAKRISHNA S/O BEERA NAIKA, AGE 60 YEARS, OCCUPATION: AGRICULTURIST, R/O DODDAMATHALI VILLAGE, SHIMOGA TALUK, SHIMOGA DISTRICT 577201 ... RESPONDENT (BY SRI: J.N.NAVEEN, ADVOCATE FOR SRI: A NAGARAJAPPA, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED:7.6.14 PASSED BY THE II ADDL. C.J. AND JMFC, SHIMOGA IN C.C.NO.2141/14 AS AGAINST THE PETITIONERS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are forest officials. A private complaint came to be lodged against them alleging commission of offences punishable under Sections 323, 447, 448, 354 and 506 of Indian Penal Code. Learned Magistrate took cognizance of the offences and issued summons to the petitioners.
2. The contention of petitioners is that the impugned action against the petitioners cannot be sustained for want of prior sanction under Section 197 of Cr.P.C.
3. Learned counsel for respondent submits that the acts alleged against the petitioners are not performed in the discharge of their official duties and therefore, they are not protected under the provisions of Section 197 of Cr.P.C.
4. On going through the records it is noticed that even on earlier instance, the very same complainant had lodged a private complaint against the petitioners in PCR No.284/2007 making similar allegations that petitioners trespassed into his property and removed the fence. The said complaint was dismissed by order dated 25.4.2014 in Crl.P.No.3316/2010 mainly for the reason that the acts alleged against petitioners are protected under Section 197 of Cr.P.C. Even otherwise, averments made in the complaint clearly indicate that the alleged acts were committed in the course of discharge of duties by the petitioners. Therefore, initiation of criminal action against petitioners without prior sanction under Section 197 of Cr.P.C. cannot be sustained.
5. Accordingly, petition is allowed. Proceedings pending on the file of II Additional Civil Judge and JMFC, Shimoga in C.C.No.2141/2014 are quashed. Liberty is reserved to the respondent to take appropriate action for the same cause of action after obtaining necessary sanction under Section 197 of Cr.P.C.
bkp Sd/- JUDGE