Karnataka High Court
S. Srikanth S/O Shanmugam vs The State Of Karnataka on 26 August, 2013
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF AUGUST, 2013
BEFORE
THE HON'BLE MR. JUSTICE K.N.KESHAVANARAYANA
CRL.P.NO.505 OF 2013
BETWEEN
S. SRIKANTH S/O SHANMUGAM
AGED ABOUT 30 YEARS,
OCC AREA MANAGER
M/S VESTAS COMPANY
MUNICIPAL COLONY,
2ND CROSS ROAD
CHITRADURGA-577501
... PETITIONER
(BY SRI R B DESHPANDE, ADV.)
AND
THE STATE OF KARNATAKA
BY RANGE FOREST OFFICER,
CHITRADURGA-577501
... RESPONDENT
(BY SRI B. RAJA SUBRAMANYA BHAT, HCGP.)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO QUASH THE
ENTIRE PROCEEDINGS IN C.C.NO.989/2011 PENDING ON
THE FILE OF PRL. C.J. & J.M.F.C., CHITRADURGA AND
ETC.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER
In this petition filed under Section 482 of Cr.P.C., the petitioner - the sole accused in C.C.No.989/2011 on the file of the Principal C.J. and JMFC., Chitradurga, has sought for quashing the entire proceedings lauched against him in the said case for the offences punishable under Sections 2, 6, 24(A), (GG), 81, 82, 82(A), 82(B) of Karnataka Forest Act.
2. According to the allegations made in the charge sheet, when land bearing survey Nos.97 and 98 of G.R.Halli, was inspected by the Forest Officers and Officials they noticed that the wind turbines installed on the land is part of the reserve forest land and without any permission or authority, the said installation has been carried out by company named M/s.Vestas Wind Technologies India (Private) Limited and thereby, they have committed the aforesaid offences. The petitioner is said to be the area manager of Vestas Company and in that capacity he is sought to be prosecuted. Quashing of prosecution is sought on the ground that the wind mills / wind turbines were installed by MSPL Ltd. on 3 the land leased in its favour by Karnataka Renewable Energy Development Limited, which in turn had obtained the lease of the land from the Government and that M/s.Vestas Wind Technology India Private Limited only looks after maintenance and security of the wind turbines and that it had no role in installation or running of the wind turbines and therefore, the company of which the petitioner is an employee has not committed any of the offences alleged.
3. Heard learned Counsel for the petitioner and also the learned Government Pleader.
4. Perusal of the undisputed materials would clearly establish that the land where the wind turbines have been installed was the land leased in favour of the Karnataka Renewable Energy Development Limited, which in turn sub-leased it to MSPL Limited for the purpose of installation and running of wind turbines, pursuant to which the wind turbines were installed and thereafter, under an agreement MSPL entrusted maintenance and security of the wind turbines to NEG 4 Micon (India) Private Limited. Subsequently, the said NEG Micon (India) Private Limited, was changed as Vestas Wind Technologies Private Limited.
5. Thus from the above, it is clear that the Vestas Wind Technology India Private Limited is the company which looks after the maintenance and security of the wind mill / wind turbines. The said fact is further clear from the proceedings in writ petition Nos.46599 - 46600 of 2011, 1359 and 2907 of 2012. The MSPL Limited and M/s. Ramgad Minerals and Mining Limited filed W.P.Nos.46599 and 46600/2011 seeking to quash the prosecution launched in C.C.No.989/2011 on the file of the Principal Civil Judge and JMFC, Chitradurga, and to direct the State to allow Vestas Wind Technology Private Limited to run and operate wind mills / wind turbines installed in the schedule property and to direct the State to drop the proceedings. Though certain directions were issued while disposing the writ petitions, the State filed writ appeal. The Division Bench set aside the order of the learned single Judge and the authorities were directed to consider the case 5 and take a final decision in the matter. However until the Government takes decision, the writ petitioners were permitted to run the wind mill / wind turbines.
6. From the above, it is clear that the question as to whether or not the wind turbines have been installed forest land is pending before the State Government. Though the Division Bench disposed of the writ appeals on 06.03.2013, it is not reported whether the Government has taken any decision in that matter or not. Nevertheless, having regard to the fact that the petitioner who is sought to be prosecuted is the employee of Vestas Company and the said company is only looking after the maintenance and security of the wind turbines, he cannot be prosecuted for alleged violation of the Forest Act for the installation made by MSPL Limited. Therefore, the prosecution launched against the petitioner is abuse of process of the Court and as such, it is liable to be quashed. Accordingly, the petition is allowed. The prosecution launched against the petitioner in C.C.No.989/2011 on the file of the 6 Principal Civil Judge and JMFC., Chitradurga is quashed.
Sd/-
JUDGE nvj