Karnataka High Court
Sri. J M Vrushabhendraiah vs The State Of Karnataka on 26 March, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC-D:5784
CRL.P No. 100746 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 100746 OF 2024
BETWEEN:
SRI. J.M. VRUSHABHENDRAIAH S/O. LATE MALIYAPPAIAH,
MINES CONTRACTOR, M/S VRUSHABHENDRAIAH,
MINES CONTRACT NO.2173, AGED ABOUT 77 YEARS
R/O. SRI. GURU KRUPA FARM, KUDLIGI ROAD, SANDUR
TALUKA, SANDUR, BELLARY DISTRICT.
... PETITIONER
(BY SRI. JAYAWANT SAVAGAON, ADVOCATE)
AND:
THE STATE OF KARNATAKA, BY RANGE FOREST OFFICER,
SANDUR NORTH RANGE, SANDUR-583119.
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD-580011.
... RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, AGA)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO CALL FOR RECORDS AND QUASH THE FIRST
INFORMATION REPORT IN FOC NO.16/2012-13 DATED 04.10.2012
VIJAYALAKSHMI
M KANKUPPI
(ANNEXURE-C) AND THE CHARGE SHEET IN CC NO.468/2022 DATED
Digitally signed by
VIJAYALAKSHMI M
14.06.2022 (ANNEXURE-D) FOR OFFENCES P/U/SEC.2 OF FOREST
KANKUPPI
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
CONSERVATION ACT, 1980 AND SECTIONS 24(a) (d) (f) (g), (gg),
(h) 73(d), 80, 82, 82(b) AND 109 OF THE KARNATAKA FOREST ACT,
Date: 2024.04.02
16:09:33 +0530
1963 AND RULE 144 OF KARNATAKA FOREST RULES AND
SUBSEQUENTLY THE ORDER DATED 07.11.2022 PASSED BY THE
LEARNED CIVIL JUDGE AND JMFC, SANDUR IN CC NO.468/2022
(ANNEXURE-E) TAKING COGNIZANCE OF OFFENCES P/U/SEC.2 OF
FOREST CONSERVATION ACT, 1980 AND SECTIONS 24(a) (f) (g),
(gg), (h) 73(d), 82(b) AND 109 OF KARNATAKA FOREST ACT, 1963
AND RULE 144 OF KARNATAKA FORFOREST RULES AND ALL
FURTHER PROCEEDINGS THERETO REGISTERED IN CC NO.468/2022
PENDING ON THE FILE OF CIVIL JUDGE AND JMFC AT SANDUR,
BALLARI IN RESPECT OF PETITIONER/ACCUSED NO.1.
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NC: 2024:KHC-D:5784
CRL.P No. 100746 of 2024
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed praying to quash the order dated 07.11.2022 passed by the learned Civil Judge and JMFC., Sandur in CC No.468/2022 taking cognizance of the offences punishable under Sections 24(a), 25(d), 24(f), 24(g), 24(gg), 24(h), 73(d), 80, 82(B) and 109 of Karnataka Forest Act, 1963 and Rule 144 of Karnataka Forest Rules and entire proceedings in CC No.468/2022.
2. Heard learned counsel for the petitioner and learned AGA for respondent -State.
3. The FIR came to be registered against the petitioner in FOC No.16/12-13 on 04.10.2012 for the offence under Section 2 of Karnataka Forest Conservation Act, 1980 and Sections 24(a), 24(d), 24(f), 24(g), 24(gg), 24(h), 73(d), 80, 82(B), 109 of Karnataka Forest Act, 1963. In the said FIR, charge sheet has been filed on 14.06.2022. After filing of the charge sheet, learned Magistrate has taken cognizance against the petitioner for offences under Sections 24(a), 25(d), 24(f), 24(g), 24(gg), 24(h), 73(d), 80, 82(B) and 109 -3- NC: 2024:KHC-D:5784 CRL.P No. 100746 of 2024 of Karnataka Forest Act, 1963 and Rule 144 of Karnataka Forest Rules and ordered to register a criminal case against the petitioner and another and pursuant to the said order, criminal case came to be registered in CC No.468/2022 dated 07.11.2022 and proceedings in the criminal case are sought to be quashed in the present petition.
4. Learned counsel for the petitioner would contend that there is a bar of taking cognizance for offence under Section 468 of Cr.P.C. after lapse of period of limitation. The offence under Section 24 of Karnataka Forest Act is provided with punishment of imprisonment for one year and for offence under Section 73(d) is provided with punishment of imprisonment for two years. The limitation provided for taking cognizance for the offence punishable up to three years is three years as provided under Section 468(2)(c) of Cr.P.C. Looking the case on hand, Magistrate has taken cognizance after 10 years of registration of FIR and therefore, the order of taking cognizance is bad in law. He places reliance on the decision of this court in Crl.P.No.100509/2023 decided on 12.09.2023 in the case of -4- NC: 2024:KHC-D:5784 CRL.P No. 100746 of 2024 M/s. Adarsh Enterprises and others Vs. State of Karnataka.
5. Learned AGA fairly submits that order of taking cognizance is after a period of limitation as provided under Section 468(2)(c) of Cr.P.C. He submits that charge sheet is filed for the offence under MMRD Act also and the court did not take cognizance for the said offence.
6. Having heard the learned counsel for the parties, the court has perused the records.
7. The case is registered against the petitioner and FIR came to be issued in FOC No.16/12-13 on 04.10.2012 for the offences under Sections 24(a), 25(d), 24(f), 24(g), 24(gg), 24(h), 73(d), 80, 82(B) and 109 of Karnataka Forest Act, 1963, Rule 144 of Karnataka Forest Rules and Section 2 of Forest Conservation Act, 1980.
8. On perusal of the records indicates that charge sheet has been filed in FOC No.16/12-13 on 14.06.2022. The order of taking cognizance is on 07.11.2022. -5-
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9. The punishment provided for offence under Section 24 of Karnataka Forest Act is imprisonment for one year and punishment under Section 73(d) of Karnataka Forest Act imprisonment for two years. The period of limitation for taking cognizance provided under Section 468 of Cr.P.C. which read thus;
"468. Bar to taking cognizance after lapse of the period of limitation.--(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be--
(a) six months, if the offence is punishable with fine only;
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe -6- NC: 2024:KHC-D:5784 CRL.P No. 100746 of 2024 punishment or, as the case may be, the most severe punishment."
10. Sub Section (2)(c) of Section 468 of Cr.P.C. provides limitation of three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
11. The offences alleged against the petitioner are punishable with imprisonment for two years. FIR is registered on 04.10.2012. Charge sheet is filed on 14.06.2022 and cognizance has been taken by the learned Magistrate by order dated 07.11.2022. Therefore, the order of taking cognizance by the learned Magistrate against this petitioner is after three years and after period of limitation. Therefore, the order of taking cognizance against the petitioner/accused No.1 for the offences under Sections 24(a), 25(d), 24(f), 24(g), 24(gg), 24(h), 73(d), 80, 82(B) and 109 of Karnataka Forest Act, 1963 and Rule 144 of Karnataka Forest Rules and registering the criminal case in pursuant thereof requires to be quashed. -7-
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12. Accordingly, the following :
ORDER Petition is allowed.
The order of taking cognizance against the petitioner-accused No.1 dated 07.11.2022 and pursuant to registration of criminal case in CC No.468/2022 against this petitioner-accused No.1 are quashed.
Sd/-
JUDGE HMB CT:BCK List No.: 1 Sl No.: 35