Karnataka High Court
The Managing Director vs State By Range Forest Officer on 12 February, 2016
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY 2016
BEFORE
HON'BLE MR. JUSTICE PRADEEP D. WAINGANKAR
CRIMINAL PETITION NO.619 OF 2016
BETWEEN:-
THE MANAGING DIRECTOR
ENERCON (INDIA) LTD.,
NOW KNOWN AS
WIND WORLD (INDIA) LIMITED
HAVING IS REGIONAL OFFICE AT
NO.69/1, GOLDEN MILLENNIUM
MILLER'S ROAD, VASANTHNAGAR
BANGALORE--560 052
REPRESENTED BY ITS
ASSOCIATE VICE PRESIDENT
MR. GURUPAD HEGDE
S/O. LATE RAMAKRISHNA HEDGE
AGED ABOUT 54 YEARS
.....PETITIONER
(BY SRI: H.R. NARAYANA RAO FOR P.N. RAJESWARA, ADV.,)
AND:-
STATE BY RANGE FOREST OFFICER
HIRIYUR RANGE
HIRIYUR-571 311
DISTRICT CHITRADURGA. .....RESPONDENT
( BY SRI: CHETAN DESAI, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 482 CR.P.C. TO
QUASH THE CHARGE-SHEET DATED 28.01.2011 AND ENTIRE
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PROCEEDINGS IN C.C.NO.66/2011 ON THE FILE OF PRL. CIVIL
JUDGE AND JMFC COURT, HIRIYUR.
THIS CRL.P COMIING ON FOR ADMISSION, THIS DAY, THE
COURT PASSED THE FOLLOWING:
ORDER
Learned Govt. Pleader to take notice for respondent.
The petitioner who is accused in C.C.No.66/2011 on the file of Prl. Civil Judge and JMFC, Hiriyur has filed this petition to quash the proceedings on the ground that continuation of proceedings would amount to abuse of process of Court.
2. The petitioner has been charge-sheeted for the offence punishable under Section 24 of the Karnataka Forest Act which is punishable with imprisonment for term which may extend to one year with fine. It is non- cognisable offence. Section 155(2) of Cr.P.C. mandates that the permission of the jurisdictional Magistrate is a 3 condition precedent to investigate into the offence. Admittedly, the said permission is not obtained from the Magistrate as required under Section 155(2) of Cr.P.C. Since cognizance taken is bad in law, petition is allowed. Proceedings initiated against the petitioner in C.C.No.66/2011 on the file of Prl. Civil Judge and JMFC, Hiriyur are quashed. In view of disposal of the main matter, I.A.1/16 for stay does not survive for consideration. Accordingly, it is disposed of.
Sd/-
JUDGE *mn/-