- 1 - NC: 2025:KHC:10286 CRL.P No. 972 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 972 OF 2024 BETWEEN: 1. SRI SHANTHARAJU G N., S/O NANJUNDEGOWDA, AGED ABOUT 30 YEARS, R/AT GULLADAPURA VILLAGE, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN-573 211. …PETITIONER (BY SRI. SHIVARAJU H.B., ADVOCATE) AND: 1. THE STATE BY HALLYMYSORE POLICE STATION, HOLENARASIPURA, HASSAN-573 211 REP BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, BANGALORE-01. 2. SRI ANANTHA H N CHC-101 AGED ABOUT 48 YEARS, POLICE FOREST SQUAD, SAKALESHAPURA, SAKALESHAPURA TALUK, HASSAN DISTRICT-573211. …RESPONDENTS (BY SRI. ANOOPKUMAR M.V., HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S. 482 CR.P.C BY THE PRAYING TO QUASH THE CHARGE SHEET DATED 25.02.2020 IN C.C.NO.30/2020 IN RESPECT OF THE PETITIONER FOR THE Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10286 CRL.P No. 972 of 2024 OFFENCES P/U/S 379 OF IPC 1860 AND SECTION 62, 24(C)(II), 71(A), 143, 24(E) OF KARNATAKA FOREST ACT AND KARNATAKA FOREST RULE (SECTION 165) OF THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., HOLENARASIPURA HASSAN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused No.2, who is facing trial for offenses punishable under Section 379 of the Indian Penal Code, 1860, and Sections 62, 24(C)(II), 71(A), 143, and 24(E) of the Karnataka Forest Act, 1963, along with Section 165 of the Karnataka Forest Rules, has approached this Court seeking appropriate relief. 2. The prosecution alleges that respondent No.2 received credible information that accused Nos.1 to 3, along with accused No.4, were illegally uprooting and cutting eucalyptus trees in the Arehalli Social Forest and loading them onto a lorry with the help of a JCB. Upon receiving this information, the complainant, along with his staff, conducted an inspection at the spot, where they found a lorry standing with illegally uprooted and cut eucalyptus logs loaded onto it. Upon noticing the raid team, accused No.1 fled from the spot, driving the lorry - 3 - NC: 2025:KHC:10286 CRL.P No. 972 of 2024 away. The raid team pursued and intercepted the lorry, but the driver managed to escape. Consequently, the lorry was seized, and a case was registered against accused Nos.1 to 4. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 4. Admittedly, the Police Inspector of Holenarasipura Taluk conducted the investigation and submitted the charge sheet. However, Section 62(A) of the Karnataka Forest Act, 1963, explicitly states that only a Forest Officer not below the rank of a Range Forest Officer is authorized to conduct investigations into forest offenses under the Act. Therefore, the investigation conducted by the Police Inspector, leading to the filing of the charge sheet and the taking of cognizance of the offenses, stands vitiated, as the Police Inspector lacked the authority to investigate the allegations against the petitioner. On this ground alone, the continuation of criminal proceedings would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.30/2020 pending before the Senior Civil Judge and JMFC, Holenarasipura, Hassan, - 4 - NC: 2025:KHC:10286 CRL.P No. 972 of 2024 insofar as they relate to the petitioner (Accused No.2), are hereby quashed. Ordered accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 8