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2025 DAILYLAW 12629 (KAR)

SRI. S. RAVI v. STATE OF KARNATAKA BY RANGE FOREST OFFICER

WP/454/2025 · 2025-02-13

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:6436 WP No. 454 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 454 OF 2025 (GM-RES) BETWEEN: SRI. S. RAVI S/O. LATE SHAMBULINGE GOWDA, AGED ABOUT 54 YEARS, RESIDING AT MALAGALU VILLAGE, KANAKAPURA TOWN, RAMANAGARA DISTRICT- 562117, AND MEMBER OF LEGISLATIVE COUNCIL, GOVERNMENT OF KARNATAKA, BENGALURU- 560001. …PETITIONER (BY SRI R. SHIVCHARAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY RANGE FOREST OFFICER, KANAKAPURA RANGE KANAKAPURA TALUK, RAMANAGARA DISTRICT- 562117, REPRESENTED BY HCGP. 2. RANGE FOREST OFFICER, KANAKAPURA RANGE, KANAKAPURA TALUK, RAMANAGAR DISTRICT- 562117. …RESPONDENTS (BY SRI JAGADEESHA B. N., ADDL. SPP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITTUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO A) CALL FOR THE ENTIRE RECORDS IN THE MATTER BEARING CC NO. 787 OF 2011 PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (JUNIOR Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC:6436 WP No. 454 of 2025 DIVISION) KANAKAPURA. B) QUASH AND SET ASIDE THE COGNIZANCE ORDER DATED 25 JULY 2011 (ANN-D) AGAINST THE PETITIONER PASSED BY THE PRINCIPAL CIVIL JUDGE (JR. DIVISION) AND JMFC AT KANAKAPURA IN CC NO. 787 OF 2011. C) QUASH THE FIR DATED 13TH NOVEMBER 2006 (ANNEXURE-A) AND THE ENTIRE PROCEEDINGS IN CC NO. 787 OF 2011 AGAINST THE PETITIONER PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC AT KANAKAPURA, AND ALL FURTHER PROCEEDINGS INITIATED THEREUNDER, VIDE (ANNEXURE-D). D) PASS SUCH OTHER ORDER/S AND/OR DIRECTION/S AS HON’BLE COURT DEEMS FIT OR GRANT SUCH OTHER RELIEFS IN THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER 1. The petitioner is before this Court seeking the following prayer: a. Call for the entire records in the matter bearing CC No. 787 of 2011 pending before the Principal Civil Judge (Junior Division) Kanakapura. b. Quash and set aside the cognizance order dated 25 July 2011 (ANNEXURE-D) against the petitioner passed by the Principal Civil Judge (Jr. Division) and JMFC at Kanakapura in CC No. 787 of 2011. c. Quash the fir dated 13th November 2006 (ANNEXURE-A) and the entire proceedings in CC No. 787 of 2011 against the petitioner pending before the Principal Civil Judge (Junior Division) and JMFC at Kanakapura, and all further proceedings initiated thereunder, vide (ANNEXURE-D), d. Pass such other order/s and/or direction/s as Hon’ble Court deems fit or grant such other reliefs in the facts and circumstances of the case to meet the ends of justice. - 3 - NC: 2025:KHC:6436 WP No. 454 of 2025 2. This very petitioner was before the Court in Criminal Petition No.2894 of 2012 which comes to be disposed by a Coordinate Bench, observing that the petitioner has to avail the remedy of filing a revision and till the petitioner would file a revision petition, the interim order would operate. The petitioner avails of filing a revision and the concerned Court now relegates the petitioner to the Special Court as the offences are the ones punishable under the Mines and Minerals (Development and Regulation) Act, 1957. 3. The learned counsel at this juncture submits that he will approach the concerned Court by filing a necessary petition. 4. The submission is placed on record. 5. Petition is disposed with aforesaid liberty. Sd/- (M.NAGAPRASANNA) JUDGE kgk List No.: 19 Sl No.: 47