The Court quashed FIRs registered against two learned R.C. owners. The judgment held that since a licensed quarry unit had permission to load stones on the specific land, the petitioners could not be said to have entered the forest land unauthorizedly.
The impugned First Information Reports registered by the State are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 4324 OF 2021
C/W
CRIMINAL PETITION NO. 4266 OF 2021
IN CRL.P NO.4324/2021
BETWEEN:
AGED ABOUT 46 YEARS, S/O. SANNEGOWDA, R/AT YEDAGANAHALLI 3RD STAGE, BANNUR ROAD, MYSORE TOWN - 571 428. (R.C. OWNER OF TIPPER LORRY BEARING REG. NO.KA-55-7321)
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.PC PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED PRL.SENIOR CIVIL JUDGE AND JMFC SRIRANGAPATNA ON APPLICATION FILED UNDER SEC.457 OF CODE OF CRIMINAL PROCEDURE IN FOC.53/2021-22 IN FIR.NO.21/2021 ORDER DATED 19.05.2021 PRODUCED HEREWITH AS DOCUMENT NO.1 AND ETC.
IN CRL.P NO.4266/2021
BETWEEN:
PUTTEGOWDA, AGED ABOUT 66 YEARS, S/O. SIDDEGOWDA, R/AT KETHUPURA VILLAGE, T. NARASIPURA TALUK, MANDYA DISTRICT - 571 438. (R.C. OWNER OF TIPPER LORRY BEARING REG. NO.KA-09-A-7624)
…PETITIONER (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.PC PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED PRL.SENIOR AND JMFC SRIRANGAPATNA ON APPLICATION FILED UNDER SEC.457 OF CODE OF CRIMINAL PROCEDURE IN FOC.NO.51/2021-22 IN FIR.NO.19/2021 ORDER DATED 19.05.2021 PRODUCED HEREWITH AS DOCUMENT NO.1 AND ETC.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are sought to be prosecuted for the offences punishable under Sections 33, 39(vii), 62, 73(d) and 80 of the Karnataka Forest Act, 1963 and Section 2 of the Forest Act.
complaint against the petitioners alleging that, the petitioners by entering the forest unauthorizedly parked the lorries bearing No.KA-55-7371 and KA-09-A-7624 in the forest land for the purpose of loading crushing materials in land bearing Sy.No.185 measuring 6 acre and 20 guntas of the Hangarahalli Village, Srirangapatna Taluk, Mandya District. The registration of the FIR is impugned in these petitions.
the lorries were parked for the purpose of loading of the crushed materials from the stone quarry unit established by one K.Manjunath who is the license holder. He further submits that in W.P.No.3228/2015, this Court permitted the license holder to lift 4,700 metric tons of crushed stones. Therefore, the allegation that the petitioners by entering the forest land unauthorizedly attempted to load crushed stones illegally, is without any substance.
therefore, they cannot be said to have entered the forest land unauthorizedly. Even accepting the allegations, on the face of it, the same does not constitute the commission of offence alleged against the petitioners. Accordingly, I pass the following:
ORDER
ii. The impugned FOC No.53/2021-22 in FIR 21/2021 and FOC No.51/2021-22 in FIR 19/2021 registered by respondent No.1 stands quashed.
In view of disposal of the main matters, pending IAs. do not survive for consideration.
Sd/JUDGE
KA List No.: 1 Sl No.: 64 CT - THK
3 issues framed by the court
Whether the registration of the First Information Report warrants quashing under Section 482 CrPC given the licence to quarry.
Whether the petitioners are liable for offences under the Karnataka Forest Act for entering forest land for loading crushed materials.
Whether the petitioners entered the forest land unauthorizedly contrary to the permissions granted to the licence holder.
4 provisions across 3 enactments
C.S. Sathisha
C.S. Suresha
Puttegowda
State by Range Forest Officer
Deputy Conservative Forest Officer
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Hemant Chandangoudar
Parties & counsel
