- 1 - NC: 2025:KHC:12522 CRL.P No. 3452 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 3452 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR SATHISCHANDRA D. H. S/O D. K. HARISH AGED ABOUT 50 YEARS, R/AT PARIVARAKANA HOUSE SULLIA KASABA VILLAGE SULLIA TALUK D K -574239. …PETITIONER (BY SRI.SAIPRAKASH. V. S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA SUBRAMANYA POLICE STATION REP BY SPP, HIGH COURT BUILDING, BENGALURU -560001. 2. RANGE FOREST OFFICER, SUBRAMANYA RANGE, SUBRAMANYA, DAKSHINA KANNADA -574238. …RESPONDENTS (BY SMT. RASHMI PATEL., HCGP FOR R1 AND R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12522 CRL.P No. 3452 of 2022 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN O.R.NO.14/2014-15 ON THE FILE BEFORE THE COURT OF THE CIVIL JUDGE AND JMFC, SULLIA AT D.K., FOR THE OFFENCE P/U/S 24(c)(ii) OF KARNATAKA FOREST ACT, AND SEC.9,13,39,48A,49,51,57 OF WILD LIFE PROTECTION ACT AND SEC.3 R/W 23,27 OF ARMS ACT REGISTERED SUBRAMANYA POLICE STATION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the entire proceedings in Forest Case No.14/2014-15 registered on 23.10.2014 under Sections 24(2) of the Karnataka Forest Act, 1963, Sections 9, 13, 39, 48-A, 49, 51 and 57 of the Wild Life Protection Act, 1972 and Section 3 read with 23 and 27 of the Arms Act. 2. It is the case of prosecution that on 23.10.2014, accused persons with an intention to hunt wild animal, illegally entered the reserved Forest of Subramanya Range and hunted a porcupine. 3. It is contended by the learned High Court Government Pleader that the petitioner along with other accused were found in possession of an Indian porcupine, - 3 - NC: 2025:KHC:12522 CRL.P No. 3452 of 2022 protected species coming under Schedule IV (Sl.No.4-E) of the Wild Life Protection Act and they were transporting the same in a car bearing registration No. KA-19-MA-0411. She contended, petitioner was also found in possession of an unlicensed SBBL Gun-11090(3-80), which was seized by the Forest Officials. She contended that the petitioner was caught red handed therefore, there is a prima-facie case. 4. The offence is alleged to have committed on 23.10.2014, wherein the forest officials intercepted a car in which the petitioner and other accused were traveling and found that they were in possession of the carcass of an Indian porcupine. It is alleged that the accused have hunted the said porcupine with a SBBL gun and thereby committed the aforementioned offences. 5. Though the case was registered in the year 2014, there is no final report filed to the Court. The maximum punishment prescribed for the alleged offence under the Wild Life Protection Act and the Forest Act is imprisonment of 3 years. There is an unexplained, inordinate delay on the part of prosecution, which can be considered as a crucial factor for - 4 - NC: 2025:KHC:12522 CRL.P No. 3452 of 2022 quashing the proceedings. Criminal proceedings cannot be kept pending for an inordinate period. This Court is of the view that the continuation of proceedings against the petitioner is an abuse of process of the Court. Hence, the following:- ORDER i) Petition is allowed. ii) Entire proceedings arising out of Forest Case No.14/2014-15, Subramanya Range, pending before Civil Judge and JMFC Court, Sullia, Dakshina Kannada, against the petitioner is quashed. iii) I.A.No.1/2022 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 15