Karnataka High Court
Sarjan Realities Pvt Ltd vs The State Of Karnataka on 28 November, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 103144 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. 103144 OF 2022 (482)
BETWEEN:
SARJAN REALITIES PVT. LTD.,
A COMPANY DULY INCORPORATED
UNDER THE PROVISIONS OF
COMPANIES ACT, 1956
AND REGISTEREED
WITH THE REGISTRAR OF COMPANIES
MAHARASHTRA,
AT PUNE, 3RD FLOOR,
SAI HIRA MUNDWA ROAD,
PUNE 411036
AND HAVING ITS REGISTERED
OFFICE AT GODREJ MILLENNIUM
5TH FLOOR,
9TH KOREGAON PARK ROAD,
PUNE-411001 REPRESENTED BY ITS
AUTHORISED REPRESENTATIVE
MR. VINAYA KUMAR L.
S/O LEPAKSHAPPA R.
Digitally signed
by SUJATA
SUBHASH
AGED ABOUT 33 YEARS,
PAMMAR
Location: HIGH
COURT OF
KARNATAKA,
R/O HARAPANAHALLI,
DHARWAD
BENCH,
DHARWAD. TQ. HARAPANAHALLI,
DIST. VIJAYANAGAR.
...PETITIONER
(BY SRI G. I. GACHCHINAMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO
DEPARTMENT OF FOREST
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CRL.P No. 103144 of 2022
VIDHANA VEEDHI
BENGALURU -01.
2. THE DEPUTY RANGE FOREST OFFICER
KUNCHUGUR BEAT,
HYARADE (HERADA) SECTION
HARAPANAHALLI RANGE,
DAVANAGERE DIVISION,
DIST. VIJAYANAGAR.
3. THE RANGE FOREST OFFICER
HARAPANAHALLI RANGE,
HARAPANAHALLI,
TQ. AND DIST. VIJAYANAGAR.
...RESPONDENTS
(BY SRI V. S. KALASURMATH, ADVOCATE)
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.53/2022-23 (FOC NO.53/2022-23)
KUNCHUGUR BEAT, HYARADE (HERADA) 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 MADE THE FOLLOWING:
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CRL.P No. 103144 of 2022
ORDER
The FIR is 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 the Range Forest Officer not only by an officer not only the rank of 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 specifies under Section 82(B) of the Act.
3. He further submits that an agreement is executed by the Government of Karnataka permitting the petitioner to -4- CRL.P No. 103144 of 2022 set up a wind mill for generating power and as such the petitioner cannot said to have occupied Government land.
4. On the other hand, learned HCGP appearing for the State submits that the petitioner-complainant 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, there is no declaration that the subject land is a forest land, and the Government having executed an agreement permitting the petitioner to set up a Wind Mill, the allegation that the petitioner has occupied forest land is without any substances.
7. The FIR registered by Deputy Range Officer is one without authority of law, since the officer competent to investigate is an officer not below the rank of Range Forest Officer as specified under Section 62(a) of the Karnataka Forest Act.
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8. In view of the proceedings 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.53/2022-23 registered by the Deputy range forest officer, Kunchugur beat, Hyarade (Herada) Section, Harapanahalli Range, Davanagere Division for the 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.: 170