- 1 - NC: 2025:KHC:9061 CRL.P No. 6319 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6319 OF 2020 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. M/S. RONA TALUK STONE CUTTERS AND EARTH DIGGERS, LABOUR CO-OPERATIVE SOCIETY LTD., NAREGAL, RONA TALUK 582 119, REPRESENTED BY MR. CHANDRASHEKAR A DINDUR. (DELETED PETITIONER NO.1 VIDE HIGH COURT ORDER DATED:12.11.2024) 2. CHANDRASHEKAR A DINDUR RONA TALUK STONE CUTTERS AND EARTH DIGGERS LABOUR CO-OPERATIVE SOCIETY LTD. ALSO GPA HOLDER, C.A. DINDUR NO.I 94 3RD MAIN ROAD, VYALICAVAL, BENGALURU-560 003. …PETITIONER (BY SRI. PRASANNA KUMAR P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY RANGE FOREST OFFICER, KANAKAPURA RANGE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:9061 CRL.P No. 6319 of 2020 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR B.R. AMBEDKAR VEEDHI, BANGALORE-560 001 2. SRI. V. NAGARAJU FORESTER, HUNASANAHALLI BEAT, KANAKAPURA RANGE, BANGALORE RURAL DISTRICT (THEN UNDER THE JURISDICTION OF RAMANAGAR DISTRICT)-562 117 …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 05.1.2010 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE (Jr.Dn) AND JMFC, KANAKAPURA IN C.C.NO.10/2010 THEREBY TAKING COGNIZANCE AGAINST THE PETITIONER HEREIN FOR THE OFFENCE P/U/S 24(f)(g)(gg)(h),73(d) OF KARNATAKA FOREST ACT AND RULE.144 OF KARNATAKA FOREST RULES AND SEC.2 OF FOREST CONSERVATION ACT AND FURTHER ORDERING TO REGISTER A CASE AND ISSUANCE OF SUMMONS, INSO FAR AS IT RELATES TO THE PETITIONER/ACCUSED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 3 - NC: 2025:KHC:9061 CRL.P No. 6319 of 2020 ORAL ORDER Order taking cognizance for offences punishable under Section 24(f), (g), (gg), (h),73(d) of the Karnataka Forest Act 1963 read with Rule 144 of the Karnataka Forest Rules, 1969 and Section 2 of the Forest conservation Act, 1980 is under challenge in this petition. 2. The contention raised by the learned counsel is that offences alleged are being non-cognizable in nature, no investigation could have been launched without the permission of the Court. In support of the said contention the learned counsel has relied on a decision of this Court in Crl.P.No.6704/2020 disposed on 23.03.2022. 3. In the above decision, Co-ordinate bench of this Court has relied on another decision rendered in Crl.P.No.6488/2009 and connected cases disposed on 11.06.2010. 4. The relevant portion of the order reads as under: "As the offences punishable under Section 24(f), (g), (gg) and (h) and 73(d) of the Karnataka Forest Act are non-cognizable in nature and are - 4 - NC: 2025:KHC:9061 CRL.P No. 6319 of 2020 punishable for less than three years or with fine or with both, no police officer shall investigate the said offence/s without the order of a Magistrate having power to try such case or commit the case for trial" 5. Learned High Court Government Pleader has not disputed that there was no permission taken to investigate the offences alleged against the petitioners. In that view of the matter the proceedings shall have to be quashed. Accordingly, the following: ORDER i) Petition is allowed. ii) Entire proceedings in C.C.No.10/2010 on the file of the Court of Principal Civil Judge (Junior Division) and JMFC at Kanakapura are quashed. iii) I.A.No.1/2020 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 20 CT:SNN