IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1111/2015 BETWEEN:
1. Sri. S. Nijalingegowda, S/o. Sri. Shivalingegowda, Proprietor, Aged about 46 years, SNG Export, No.179, 1st Floor, 4th Main, 6th Cross, Chamarajpet, Bengaluru – 560 018.
2. Sri. H.M. Anand Kumar, S/o. Sri. Moogegowda, Aged about 58 years, JPM Badavane, Halagur Town, Malavalli Taluk, Mandya District – 577 201. …Petitioners (By Sri. R.S. Ravi, Advocate) AND:
1. The Range Forest Officer, Malavalli Range, Malavalli, Malavalli Taluk, Mandya District – 577 201.
2. Kum. M.C. Geetha, D/o. Late Maligaiah, Aged Major, Range Forest Officer, Malavalli Range, Malavalli, Malavalli Taluk, Mandya District – 577 201. … Respondents (By Sri. Vijayakumar Majage – Addl. SPP for Respondents) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the Charge Sheet dated 18.07.2012 in C.C.No.1374/2014 on the file of the Prl. Civil Judge and JMFC Court, Malavalli insofar as the petitioners is concerned.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for petitioners and learned Addl. SPP for respondents.
2. Petitioners have sought to quash the charge sheet filed against them for the alleged offences punishable under Sections 50(2), 24, 24(f), 33, 50, 62 and 80 of Karnataka Forest Act, 1963 r/w Sections 25, 144 and 165 of the Karnataka Forest Rules, 1969.
3. Learned counsel for the petitioners has urged two fold contentions. First, cognizance of the alleged offences has been taken beyond the period of limitation prescribed under Section 468 of Cr.P.C. Second, the allegations made in the complaint are false and are not supported with any material.
4. Primary allegations against the petitioners are that petitioners were found transporting black granite without permit. But, the documents produced by the petitioners would go to show that petitioners had obtained valid Mineral Dispatch Permit dated 13.07.2012 to transport granites described in the panchanama and charge sheet. As such, charges based on illegal transportation cannot be sustained.
5. Learned Addl. SPP however, would submit that in addition to the said charge, the permit relied by the petitioners were not produced at the time of seizure of the documents and validity of the said permit is required to be substantiated during trial. Moreover, there are allegations of illegal extraction of the granite from forest land, and therefore, the impugned proceedings cannot be quashed.
6. Considered the rival submissions and perused the charge sheet and materials available on record.
7. It is seen that petitioners had obtained permission bearing No.MDYP00200000017 to transport 10.323 cubic meters of granite and another permit bearing No.MDYP00200000016 for transportation of 9.912 cubic meters of granite. As such, there is prima-facie material to show that the alleged material was transported under valid permit. However, there being other allegations against the petitioners that the said granite was extracted from forest land comprised in Sy.No.19 and the prosecution having relied on the Joint Survey Report as well as the report submitted by Dr. U.V.Singh, I.F.S., Director (Project), Karnataka State Pollution Control Board, Bengaluru, the impugned charge sheet cannot be quashed. The only relief that could be granted to the petitioners is to reserve liberty to seek for their discharge before the trial Court, on such grounds available under law.
With the aforesaid observation and reserving liberty as above, petition is disposed of.
Sd/- JUDGE SV Ct:b