IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.6723 OF 2018 BETWEEN:
1. RUKMINIYAMMA, W/O MANJAPPA GOWDA, ECHIKERE VILLAGE, N.R.PURA TALUK- 577 134.
2. MANU, S/O MANJAPPA GOWDA, ECHIKERE VILLAGE, N.R.PURA TALUK – 577 134. …PETITIONERS (BY SHRI P.P.HEGDE, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY RANGE FOREST OFFICER, NARASIMHARAJAPURA RANGE, NARASIMHARAJAPURA – 577 134. REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE – 560 001. … RESPONDENT (BY SMT. K.P.YASHODHA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE PROCEEDINGS PENDING IN LGC(9) 485/2018 ON THE FILE OF THE SPECIAL LAND GRABBING PROHIBITION COURT AT BANGALORE FOR THE OFFENCES U/S 33(2)(ii)(iii)(iv)(ix) AND 62(3)(a)(b), 65, 80, 81(1) OF KARNATAKA FOREST ACT AND 25(2)(3) OF THE KARNATAKA FOREST RULES 2(ii) OF FOREST CONSERVATION ACT R/W 109, 379, 447 OF IPC ARISING OUT OF C.C.NO.456/2013 IN N.R.PURA POLICE STATION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners have challenged the proceedings initiated against them for non cognizable offences under the Forest Conversion Act, 1976.
2. Learned advocate for the petitioners submits that no permission has been sought to investigate into the offences which are non cognizable in nature.
3. Learned High Court Government Pleader does not dispute the submission of learned advocate for the petitioner that no cognizable offence was made out in the FIR and prior permission of the learned Magistrate was not taken. However, she sought to justify that the charge sheet contains offence under Section 379 IPC also.
4. It is not disputed that in the FIR, no cognizable offence is recorded. It is also not disputed that no prior permission was obtained to investigate into the matter. Hence, the proceedings are vitiated.
5. In the circumstances, this petition merits consideration and it is accordingly allowed. All proceedings in LGC(T) No.485/2018 arising out of C.C. No.456/2013, pending on the file of Special Land Grabbing Prohibition Court, Bengaluru, are quashed.
6. Liberty is reserved to respondent – State to take such further action in accordance with law, if it is so advised.
No costs.
Sd/- JUDGE GH