Karnataka High Court
Suzlon Energy Ltd., (Cin L40100 Gj 1995 ... vs The State Of Karnataka on 28 November, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
CRL.P No. 103146 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 103146 OF 2022
BETWEEN:
SUZLON ENERGY LTD.,
(CIN L40100 GJ 1995 PLC 025447)
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956
AND HAVING ITS
REGISTERED OFFICE AT SUZLON
5, SHRIMALI SOCIETY,
NEAR SHRI KRISHNA COMPLEX
NAVRANGPURA,
AHMEDABAD 380009
AND CORPORATE OFFICE AT
ONE EARTH, HADAPSAR,
PUNE -411028
REPRESENTED BY ITS
AUTHORIZED OFFICER
MR. RAVI HALAGANI
S/O HUSANAPPA HALAGANI
AGGED ABOUT 50 YEARS,
Digitally signed by
SUJATA SUBHASH
PAMMAR
OCC. SERVICE, R/O VIJAYAPUR,
Location: HIGH
COURT OF
KARNATAKA,
NOW RESIDENT OF KUSTAGI,
DHARWAD
BENCH,
DHARWAD. TQ. KUSTAGI,
DIST. KOPPAL
...PETITIONER
(BY SRI G. I. GACHCHINAMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO
-2-
CRL.P No. 103146 of 2022
DEPARTMENT OF FOREST
VIDHANA VEEDHI,
BENGALURU 01.
2. THE DEPUTY RANGE FOREST OFFICER
CHIGATERI BEAT
HARAPANHALLI BRANCH
HARAPANHALLI RANGE
DAVANAGERE DIVISION
DIST.VIJAYANAGAR.
3. THE RANGE FOREST OFFICER
HARPANHALLI RANGE,
HARPANAHALLI
TQ. AND DIST. VIJAYANAGAR
...RESPONDENTS
(BY SRI V. S. KALASURMATH, HCGP FOR R1 TO R3)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO QUASH THE ENTIRE PROCEEDINGS OF CRIMINAL
PETITION SEEKING FOR QUASHING OF THE ENTIRE
PROCEEDINGS OF CR.NO.54/2022-23 (FOC NO.54/2022-23)
CHIGATERI BEAT, HARAPANAHALLI SECTION, HARAPANAHALLI
RANGE, DAVANAGERE DIVISION, FOR THE ALLEGED OFFENCES
U/S 33, 62, 82(B), 104 OF THE KARNATAKA FOREST ACT AND
RULE 25 AND 43 OF THE FOREST RULES, PENDING ON THE
CIVIL JUDGE (JR.DVN) AND JMFC, HARAPANAHALLI, IN SO FOR
AS PETITIONER/ACCUSED IS CONCERNED.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-3-
CRL.P No. 103146 of 2022
ORDER
The FIR was registered for the offences punishable under Sections 33, 62, 82(B), 104 of the Karnataka Forest Act and Rules 25 and 43 of the Forest Rules alleging that, the petitioner-accused company has occupied forest land and established wind mill for generating power. Taking exception to the same, this petition is filed.
2. Learned counsel appearing for the petitioner would submit that the FIR registered by the Deputy Range Forest Officer is one without authority of law, since Section 62(a) of the Forest Act, specifies that the FIR can be registered and the offence can be investigated only by an officer not below the rank of the Range Forest Officer. He further submits that the directors of the company not having been arraigned as an accused the petitioner cannot be held vicariously guilty along with the directors as specified under Section 82(B) of the Act.
3. He further submits that an agreement was executed by the Government of Karnataka permitting the petitioner to set up a wind mill for generating power and as such the petitioner cannot be said to have occupied Government land. -4- CRL.P No. 103146 of 2022
4. On the other hand, learned HCGP appearing for the State submits that the petitioner having set up wind mill after occupying the Government land for generating electricity has committed the aforesaid offences and the registration of the FIR does not warrant any interference.
5. I have examined the submissions made by learned counsel for the parties.
6. Admittedly, the subject land is not declared as a Forest Land, and the Government has permitted the petitioner to establish a Wind Mill to generate electricity. Hence, the allegation that the petitioner has occupied forest land is without any substances.
7. Section 62(a) of the Act specifies that offences under the Act can be investigated by an officer not below the rank of Range Forest Officer. In the instant case, the Deputy Forest Officer below the rank of Range Forest Officer has registered the FIR.
-5-CRL.P No. 103146 of 2022
8. In view of the preceding analyses, the continuation of the investigation by the Deputy Range Forest Officer is one without authority of law. Accordingly, I pass the following:
ORDER
a) This Criminal Petition is allowed.
b) The impugned FOC No.54/2022-23 registered by the Deputy range forest officer, Chigateri beat, Harapanahalli Branch, Harapanahalli Range, davanagere Division alleged offences under Sections 33, 62, 82(B), 104 of the Karnataka Forest Act and Rule 25 and 43 of the Forest Rules is hereby quashed.
c) It is needless to state that, if the respondent has seized any material belonging to the petitioner, the same to be released to the petitioner in accordance with law.
Sd/-
JUDGE SSP List No.: 1 Sl No.: 171