IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE:
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.1331/2017 BETWEEN:
SRI RAGHAVENDRA J D S/O J D THIMMAPPA SHERIGAR AGED ABOUT 40 YEARS R/AT NEAR RAMAMANDIRA GANGOLLI KUNDAPURA-576 227 ..PETITIONER (BY SRI AMAR CORREA, ADVOCATE) AND:
STATE OF KARNATAKA BY RANGE FOREST OFFICER KUNDAPURA DIVISION, KUNDAPURA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 ..RESPONDENT (BY SRI SANDESH J. CHOUTA, SPP-II) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 15.05.2014 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, KUNDAPURA IN C.C.NO.1093/2014 TAKING COGNIZANCE AND DIRECTING TO REGISTER A CRIMINAL CASE AGAINST THE PETITIONER, WHO IS ACCUSED NO.57 FOR THE OFFENCES P/U/S 27, 29, 31 OF WILD LIFE PROTECTION ACT, 1972 R/W 24(E) OF KARNATAKA FOREST ACT, 1963 AND CONSEQUNETLY ii)QUASH THE ENTIRE PROCEEDINGS AND CHARGE SHEET IN C.C.NO.1093/2014 (OR.NO.03/12-2013) PRESENTLY PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, KUNDAPURA FOR THE OFFENCES P/U/S 27, 29, 31 OF WILD LIFE PROTECTION ACT, 1972 R/W 24(E) OF KARNATAKA FOREST ACT AS AGAINST THIS PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioner and learned SPP-II for the respondent.
2. Petitioner has sought for quashing of a criminal case in C.C.No.1093/2014 which is pending on the file of Additional Civil Judge and JMFC, Kundapura, registered for the offences punishable under Sections 27, 29 and 31 of Wild Life Protection Act, 1972 read with Section 24(E) of Karnataka Forest Act, 1963.
3. The brief allegations as could be seen from the records are that on 08.07.2012 based on the first information lodged by the Sub Divisional Forest Officer, Kundapur Region alleging that, the petitioner and other accused persons were indulged in cutting road side trees without any licence or permission. Originally the complaint was lodged against four persons wherein the name of the petitioner does not find a place. This petitioner is arrayed as accused No.57 in C.C.No.1093/2014.
4. On careful perusal of the entire material, none of the witnesses have stated about the presence of this particular person on that particular day, who actually indulged in cutting and removing trees. However, it is alleged that the brother-in-law of this petitioner by name Ramakrishna Sherigar was the person who has taken contract of the construction of the road from PWD Department. On that guise it is alleged, that, at the instance of Ramakrishna Sherigar, some persons have cut and removed the trees. It appears that petitioner’s name is also incorporated in the said case because of the relationship between the said contractor Ramakrishna Sherigar with the petitioner.
Except that allegation, there is no material available from the mouth of any of the charge sheet witnesses or co- accused persons implicating the present petitioner as one of the culprit. As such there is no allegation against this petitioner even in the entire charge sheet papers to constitute any offence alleged against the petitioner.
5. In similar set of facts and circumstances, this petitioner has approached this Court for quashing in Crl.P.No.2947/2016, in connection with C.C.No.1091/2014 for alleged similar offences. In the said case also, the petitioner was arrayed as accused No.57. This court in detail considering the charge sheet in the said case also came to the conclusion even on merits of the case no allegations are available against the petitioner. As such this Court has quashed the proceedings in C.C.No.1091/2014.
6. I have also carefully gone through the order passed by this Court in Crl.P.No.2947/2016 on 18.09.2017. Almost similar facts are involved. Under the above said circumstances, there is no reason for continuation of prosecution against this petitioner.
Under the above circumstances, petition deserves to be allowed.
Accordingly, following order is passed:
ORDER (i) Criminal Petition is hereby allowed.
(ii) Proceedings pending against the petitioner who is accused No.57 in C.C.No.1093/2014 on the file of the Additional Civil Judge and JMFC, Kundapura, for the offences under Sections 27, 29 and 31 of Wild Life Protection Act, 1972 read with Section 24(E) of Karnataka Forest Act, 1963, is hereby quashed.
I.A.1/2017 does not survive for consideration and stands dismissed.
Sd/- JUDGE SBN