Karnataka High Court
S V Srinivasalu vs The State Of Karnataka on 12 February, 2016
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
IN THE HIGH COURT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 12 T H DAY OF FEBRUARY 2016
BEFORE
THE HON'BLE MR. JUS TICE S.N. SA TYANARAYANA
CRIMINAL PETITION NO .101627/2014
BETWEEN:
1. S V SRINIVASALU
AGE: 60 YEARS , OCC: MINES OWNER
S V CHETTI IRON ORE MINES
R/O. OLD INCOME TAX OFFICE
BUILDING, NEAR GOVERNMENT
KALYAN MANTAPA
N C COLONY, HOSPET
2. C VENKA TARAMAIAH S/O. NARAYANDAS
AGE: MAJOR, OCC: MINES MANAGER
J P NAGAR, 2 N D CROSS, PARIMALA NILAYA
HOSPET
3. S JAYANNA S/O. MALAPPA
AGE: 59 YEARS , OCC: AU THORISED PERSON
M/S. S V SRINIVASALU MINES
R/O. JAIS INGPUR VILLAGE
TQ: SANDUR, DIS T: BELLARY
.. PETITIONERS
(BY SRI ANAND.R.KOLLI, ADVOCA TE.)
AND:
THE S TA TE OF KARNA TAKA
THROUGH
THE RANGE FORES T OFFICER,
SANDUR RANGE,
TQ: SANDUR DIS T: BELLARY
2
R/BY S TATE PUBLIC PROSECU TOR
HIGH COURT OF KARNA TAKA
DHARWAD
.. RESPONDENT
(BY SRI RAJA RAGHAVENDRA NAIK, HCGP.)
THIS CRIMINAL PETITIO N IS F ILED UNDER
SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR
AND THE ENTIRE PROCEEDINGS PENDING AGAINS T
PETITIONERS IN C.C.NO.139/2011 (FOC NO.55/2009-
10), ON THE FILE OF THE CIVIL JUDGE & JMFC
COURT, SANDUR, FOR THE OFFENCES PUNISHABLE
UNDER SECTION 2(7)B(IV) , 6(1), 24(A), (E) , (F) , (G),
(GG), (H), (J), 62, 64(A), 73(D), 80, 81, 82, 82(B) OF
KARNATAKA FORES T ACT, 1963, ETC.,.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT PASSED THE FOLLOWING :
ORDER
Accused nos.1 to 3 in C.C.No.139/2011, on the file of Civil Judge and JMFC, Sandur, have come up in this petition seeking quashing of the aforesaid proceedings initiated for the offence punishable under Section 2(7)(b)(iv), 6(i), 24(a)(c)(ii)(e)(f)(g)(gg), 62, 64(a), 73(d), 80, 81, 82 and 82(b) of Karnataka Forest Act, 1963. 3
2. Admittedly the aforesaid proceedings in C.C.No.139/2011 is pursuant to a complaint filed by the Forest Department against petitioners for the aforesaid offences. It is seen that subsequent to the complaint, which is registered in Crime No.FOC 55/2009-10, investigation was conducted, thereafter charge sheet was filed by the Forest Department under Rule 75(1) of Karnataka Forest Manual in Form No.26. Based on the said charge sheet, the criminal case in C.C.No.139/2011 is registered against petitioners 1 to 3 herein.
3. It is seen that subsequently in the year 2013 in view of the judgment being rendered in the matter of S amaj Par ivar tana Samud aya and others vs. S tate of Karnataka and o thers in W.P.(Civil) No.562/2009, on the f ile of Apex Cour t, the present petition is filed seeking quashing of the proceedings on the ground that the offence alleged against petitioners herein under Section 4 73(d) being classified by the Apex Court under three different categories namely A, B and C, the petitioners herein claiming themselves to be the persons having committed minor irregularities as observed in Category B of the said judgment. They are entitled to seek discharge of all the proceedings pending before all Courts. Therefore seeking benefit of the same, they sought to get the proceedings initiated against them in C.C.No.139/2011 being quashed.
4. Though this matter is listed for admission, it is taken up for final disposal at the stage of admission on the basis of judgment rendered by the Apex Court in the aforesaid W.P.(Civil) No.562/2009. In the meanwhile learned Government Pleader would bring to the notice of this Court that the judgment rendered in W.P.(Civil)No.562/2009 was subsequently clarified by order dated 15.9.2014, wherein it is made clear 5 that only in cases where the offence alleged is restricted to Section 73(d) of the Forest Act. Relying upon the judgment dated 18.4.2013 which was clarified by order dated 15.9.2014, while considering application in I.A.Nos.215, 225 and 188 in the aforesaid Writ Petition, wherein it was made clear that in the proceedings which is initiated under the provision of Section 73(d) of the Forest Act, any other offence punishable under other provision of the Act is invoked, then the same cannot be quashed and if any blatant violation of law is found other than the minor irregularities as contemplated under Section 73(d) of the Act, the same should be subjected to prosecution.
5. In the light of such clarification, the learned Government Pleader would try to substantiate that besides invoking the offence punishable under section 73(d) of the Karnataka 6 Forest Act, 1963, various other provisions like Section 2(7)(b)(iv), 6(i), 24(a)(c)(ii)(e)(f)(g)(gg), 62, 64(a), 80, 81, 82 and 82(b) being invoked, hence the question of quashing the proceedings does not arise.
6. Heard the learned counsel for the petitioners and as well as the and as well as the learned Government Pleader. Perused the judgments rendered in W.P.(Civil) No.562/2009 dated 18.4.2013 and further orders passed on I.A.No.215, 225 and 188 in the very same matter dated 15.9.2014. It is further seen that the said clarification which is issued is also followed by a Division Bench of this Cour t in W.P.No.30978/2008 (GM-MMS) in the matter of Sri Srinivas Miner als Trading Company vs. S tate of Karnatak a and others, disposed of on 19.9.2014.
7. Being satisfied with the legal position with reference to right of petitioner herein seeking 7 quashing of the proceedings cannot be considered with reference to other than Section 73(d) of the Karnataka Forest Act being seen, the present petition does not merit consideration. Accordingly the same is dismissed.
Sd/-
JUDGE Mrk/-