- 1 - NC: 2025:KHC:10049 CRL.P No. 2463 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2463 OF 2024 BETWEEN: SRI. UMESH J S/O JAYARAMU AGED ABOUT 32 YEARS K.A.S., (JR. SCALE) PREVIOUSLY WORKING AS TAHSILDAR KADUR TALUK, CHIKKAMAGALUR DISTRICT KARNATAKA-577 548 R/AT HOUSE NO.15 MALLANAKOPPALU VILLAGE DEVALAPURA HOBLI NAGAMANGALA TALUK MANDYA-571 432. …PETITIONER (BY SRI. SHIVU L.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560 001. 2. THE STATE OF KARNATAKA FOREST DEPARTMENT REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560 001. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10049 CRL.P No. 2463 of 2024 3. DEPUTY COMMISSIONER CHIKKAMAGALUR DISTRICT CHIKKAMAGALURU. 4. RANGE FOREST OFFICER KADUR RANGE, KADUR CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR-560 001. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC, 1973 PRAYING TO QUASH THE FIR AND COMPLAINT IN KDR FOC NO.04/2023-24 DATED 31.08.2023, ON THE FILE OF HON'BLE PRINCIPAL CIVIL JUDGE AND J.M.F.C. KADUR, OFFENCE P/U/S 4, 6, 33, 104 AND 104C OF THE KARNATAKA FOREST ACT, 1963 AND RULE 25, 33, 41 AND 43 OF KARNATAKA FOREST RULE, 1969. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The registration of the FIR for offences punishable under Sections 4, 6, 33, 104, and 104C of the Karnataka Forest Act, 1963, and Rules 25, 33, 41, and 43 of the Karnataka Forest Rules, 1969, has been challenged in this petition by Accused No. 1. 2. The impugned FIR has been registered on the allegation that the petitioner—Accused No. 1—while - 3 - NC: 2025:KHC:10049 CRL.P No. 2463 of 2024 serving as a Tahsildar, allotted forest-notified lands to third parties without following the due procedure of law. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader representing the respondent-State. 4. The FIR has been registered in connection with the aforementioned offences based on the allegation that the petitioner, in his capacity as a Tahsildar, had illegally granted forest-notified lands to private individuals. 5. The offences alleged against the petitioner are non-cognizable in nature. As per Section 155(2) of the Code of Criminal Procedure (Cr.P.C.), a police officer or any other authority is required to obtain prior permission from the jurisdictional Magistrate before conducting an investigation into non-cognizable offences. In this case, the Range Forest Officer, without obtaining the necessary order or permission under Section 155(2) of Cr.P.C., proceeded to inspect the land that was allegedly notified as forest land. Based on this inspection, it was found that the petitioner had allotted forest-notified land in favor of private individuals. 6. Upon receiving credible information regarding the alleged illegal allotment of forest-notified land by the petitioner, the Range Forest Officer was legally obligated - 4 - NC: 2025:KHC:10049 CRL.P No. 2463 of 2024 to obtain prior approval from the jurisdictional Magistrate under Section 155(2) of Cr.P.C. However, without obtaining such mandatory authorization, the Range Forest Officer conducted an investigation and subsequently registered the FIR. Since the mandatory legal procedure under Section 155(2) of Cr.P.C. was not followed, the registration of the FIR stands vitiated for non-compliance with statutory requirements. 7. Accordingly, I pass the following: ORDER (i) Criminal petition is allowed. (ii) The impugned FIR in FOC No.04/2023-24 dated 31.08.2023 on the file of the learned Principal Civil Judge & JMFC, Kadur, insofar it relates to the petitioner herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 0