Allowed

Sri. Aitha Koraga v. the State of Karnataka

Karnataka HC18 Sept 2026CRL.P/13900/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed FIR No. 39/2021-22 registered by a Forest Guard for offences under the Karnataka Forest Act, 1963, and Karnataka Forest Rules, 1969. The court held that Section 62A of the Act authorises only a Forest Officer not below the rank of Range Forest Officer to exercise investigative powers equivalent to an officer in charge of a police station. Since the FIR was registered by a Forest Guard, who is below that rank, the proceedings were not maintainable. The State did not dispute this submission, and the court followed a coordinate bench decision in W.P. No. 16765/2023 reaching the same conclusion.

What did the court decide?

FIR in Aranya Taksheeru (FOC) No. 39/2021-22 and all proceedings thereto quashed as against the petitioner.

Sri. Aitha Koraga Vs the State of Karnataka — Environment and Pollution | Karnataka HC (2026)

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HC-KAR NC: 2026:KHC:51269 CRL.P No. 13900 of 2023

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CNR: KAHC010695242023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF SEPTEMBER, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13900 OF 2023

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BETWEEN:

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SRI. AITHA KORAGA S/O BHATYA KORAGA, AGED ABOUT 54 YEARS, R/AT KAJE MANE, KALMANJA VILLAGE, BELTHANGADY TALUK, D.K. DISTRICT – 574 214.

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…PETITIONER

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(BY SRI. RITHIK.Y.M, FOR SRI. SUYOG HERELE E, ADVOCATES)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA THROUGH RANGE FOREST OFFICER, FOREST OFFICE, BELTHANGADY RANGE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560 001

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…RESPONDENT

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(BY SRI.CHANNAPPA ERAPPA, HCGP)

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO ALLOW THIS CRL.P AND QUASH THE FIR IN ARANYA TAKSHEERU (FOC) NO.39/2021-22 DATED 09.12.2021 REGISTERED BY FOREST GUARD, BELTHANGADY RANGE (ON THE FILE OF LEARNED CIVIL JUDGE AND J.M.F.C, BELTHANGADY D.K, DISTRICT) FOR THE ALLEGED OFFENCE P/U/S 33(2)(V),62(1),(2) AND (3) AND SEC.80 OF THE KARNATAKA

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HC-KAR

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NC: 2026:KHC:51269 CRL.P No. 13900 of 2023

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CNR: KAHC010695242023

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FOREST ACT FOR THE OFFENCE P/U/S 25,43,165 OF THE KARNATAKA FOREST RULES, PRODUCED AS DOCUMENT NO.1

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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This petition under Section 482 of Cr.PC is filed with a

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prayer to quash the entire proceedings in FIR in Aranya Taksheeru (FOC) No.39/2021-22 registered by the Forest Guard, Belthangady Range, for the offences punishable under Sections 33(2)(v), 62(1), (2) & (3) and 80 of Karnataka Forest Act, 1963 (for short, 'the Act') and Rules 25, 43 & 165 of the Karnataka Forest Rules, 1969, pending before the Court of Civil Judge & JMFC, Belthangady.

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Heard the learned Counsel for the parties.

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Learned Counsel for the petitioner submits that having regard to Section 62A of the Act, the impugned proceedings registered by the Forest Guard is not maintainable. In support of his arguments, he has placed reliance on the order passed by the coordinate bench of this Court in W.P.No.16765/2023

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HC-KAR

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NC: 2026:KHC:51269 CRL.P No. 13900 of 2023

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CNR: KAHC010695242023

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(S.M.Dhananjaya Vs The State of Karnataka & another) disposed of on 08.08.2023.

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Learned HCGP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioner.

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Section 62A of the Act reads as under:

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"62-A. Powers of Forest Officer in the matter of Investigation. (1) Any Forest Officer not below the rank of a Range Forest Officer and within such specified area as the State Government may, by notification specify, may as regards offences under this Act exercise powers conferred on an officer incharge of a police station by the provision of the Code of Criminal Procedure, 1973:

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Provided that any such power shall be subject to such restrictions and modifications, if any as the State Government may specify.

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(2) For the purpose of Section 156 of the Code of Criminal Procedure, 1973, the area in regard to which the Forest Officer is empowered under subsection (1), shall be deemed to be a police station and such officer shall be deemed to be the officer incharge of such station."

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HC-KAR

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NC: 2026:KHC:51269 CRL.P No. 13900 of 2023

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CNR: KAHC010695242023

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A reading of the same would go to show that the aforesaid provision of law deals with the powers of forest officer in the matter of investigation and specifies that any Forest Officer not below the rank of a Range Forest Officer shall exercise the powers conferred on an officer in-charge of a police station by the provision of the Code of Criminal Procedure, 1973. In other words, the Range Forest Officer or an officer above in rank can alone investigate the offences under the Act and not any officer below the said rank.

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In the present case, FIR has been registered by the Forest Guard, and therefore, he cannot be considered as a specified officer as provided under Section 62A of the Act. In identical circumstances, the Coordinate bench of this Court in W.P.No.16765/2023, has quashed similar proceedings. Under the circumstances, the prayer sought by the petitioner herein needs to be granted. Accordingly, the following order:

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Petition is allowed. The entire proceedings in FIR in Aranya Taksheeru (FOC) No.39/2021-22 registered by the Forest Guard, Belthangady Range, for the offences punishable under Sections 33(2)(v), 62(1), (2) & (3) and 80 of the Karnataka

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NC: 2026:KHC:51269 CRL.P No. 13900 of 2023

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HC-KAR

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CNR: KAHC010695242023

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Forest Act, 1963 (for short, 'the Act') and Rules 25, 43 & 165 of the Karnataka Forest Rules, 1969, pending before the Court of Civil Judge & JMFC, Belthangady, stands quashed as against the petitioner herein.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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Sri. Aitha Koraga v. the State of Karnataka

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Sri. Aitha Koraga v. the State of Karnataka

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