Karnataka High Court
Sri. Aitha Koraga vs The State Of Karnataka on 11 December, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:45020
CRL.P No. 12258 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 12258 OF 2023
BETWEEN:
1. SRI. AITHA KORAGA,
S/O BHATYA KORAGA,
AGED ABOUT 52 YEARS,
R/AT KAJE MANE, KALMANJA VILLAGE,
BELTHANGADY TALUK,
D.K. DISTRICT - 574 214.
2. SRI. BALAKRISHNA SHETTY,
S/O LATE VASU SHETTY,
AGED ABOUT 38 YEARS,
R/AT KARYANA MANE,
PADANGADI VILLAGE,
BELTHANGADY TALUK,
D.K. DISTRICT - 574 214.
...PETITIONERS
(BY SRI. SUYOG HERELE E, ADVOCATE)
Digitally signed by B
K
MAHENDRAKUMAR AND:
Location: HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA,
THROUGH RANGE FOREST OFFICER
FOREST OFFICE, CHARMADY SECTION,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. THE DEPUTY RANGE FOREST OFFICER,
FOREST OFFICE, CHARMADY SECTION,
BELTHANGADY TALUK,
D.K. DISTRICT - 574 214.
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP)
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NC: 2023:KHC:45020
CRL.P No. 12258 of 2023
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
ALLOW THIS CRIMINAL PETITION AND QUASH THE FIR IN
ARANYA TAKSHEERU NO.37/2021-22 DATED 05.12.2021
REGISTERED BY THE DEPUTY RANGE FOREST OFFICER
CHARMADY SECTION (ON THE FILE OF THE LEARNED CIVIL
JUDGE AND JMFC BELTHANGADY D.K.,DISTRICT) FOR THE
ALLEGED OFFENCE P/U/S.33(2)(v), 62(1)(2) AND (3), 71-A OF
KARANTAKA FOREST ACT 1963 AND FOR THE OFFENCE RULES
25, 43, 144, 165 OF KARANATAKA FOREST RULES 1969 AND
ALL FURTHER PROCEEDINGS PURSUANT THERETO PRODUCED
AT DOCUMENT NO.1.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has challenged the registration of FIR for the offences punishable under Sections 33(2)(v), 62(1), (2) and (3), 71-A r/w Section 80 of the Karnataka Forest Act, 1963 and for the offence under Rules 25, 43, 144 and 165 of Karnataka Forest Rules 1969. The allegation made in the complaint is that the petitioners were uprooting trees without permission from the competent authority.
2. Learned counsel for petitioners submit that the registration of the FIR and conducting of the investigation by the Deputy Forest Officer is one, without authority of law, since section 62-A of the Karnataka Forest Act, 1963 states that any officer not below the rank of the Range Forest Officer, can exercise of power of an officer, incharge of the police station.
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3. Learned HCGP submits that the allegation made in the FIR discloses the commission of the offences alleged against the petitioners and the veracity of the allegation requires to be investigated, at this stage the registration of the FIR does not warrant any interference.
4. Considered the submissions made by the learned counsel for the parties.
5. Section 62-A of the Karnataka Forest Act, 1963 deals with the power of the Forest Officer in the matter of investigation, and specifies that, any Forest Officer not below the rank of a Range Forest Officer exercise the powers conferred of an Officer-in-charge of a Police Station by the provisions of Code of Criminal Procedure. In other words, the Range Forest Officer and an Officer above his rank can alone investigate the offences punishable under the provisions of the Act and not any other Officer below the rank of Range Forest Officer.
6. Chapter IX of the Karnataka Forest Rules, 1969 deals with the powers of Forest Officers under the Forest Rule 69 specifies that the category of offences mentioned in Col.No.1 of the Table shall in addition to the power conferred under the provisions of the Act exercise the power under the sections specified in the corresponding entries in Col.No.2 thereof. Reading of the table indicates that the Deputy Range Forest Officer can investigate the offences under Sections 25C, -4- NC: 2023:KHC:45020 CRL.P No. 12258 of 2023 50(3)(2), 60, 62, 74, 76 and 99A and 110(1) of the KF Act and not the offences alleged against the petitioner herein. Therefore, the investigation conducted by the Deputy Range Forest Officer who is below the rank of Range Forest Officer is without authority of law, and the same stands vitiated. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following:
ORDER i. Criminal Petition is allowed.
ii. FIR in Aranya Taksheeru No.37/2021-22 dated 05.12.2021 registered by the Deputy Range Forest Officer, Charmady Section (on the file of learned Civil Judge and JMFC, Belthangady, D.K.District stands quashed.
iii. Respondent No.2 is directed to release the vehicle to its owner, which was seized in pursuance of registration of FIR and also the trees seized from the petitioner, shall be released forthwith the petitioners. However, this Order does not confer any right on the petitioners to dispose off the uprooted trees, without permission from the competent authority.
Pending I.A.does not survive for consideration.
Sd/-
JUDGE NJ