- 1 - NC: 2025:KHC:15556 CRL.P No. 12916 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 12916 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. ASHRAF PAIKA AGED ABOUT 50 YEARS S/O MOHAMMED KALLIGAL R/AT GOLDEN VILLA EDNEER POST, PADY VILLAGE KASARAGODE, KERALA-671 541. …PETITIONER (BY SRI. ABDUL ANSAR P., ADVOCATE) AND: 1. STATE BY SULLIA POLICE STATION SULLIA, DAKSHINA KANNADA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING-01. 2. SRI KUNJIKANA ASI SULLIA POLICE STATION SULLIA TALUK, D.K. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; R2 SERVICE OF NOTICE IS DISPENSED WITH VIDE COURT ORDER DATED 26.03.2025) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15556 CRL.P No. 12916 of 2024 AGAINST THE PETITIONER IN C.C.NO.161/2023 IN C.C.NO.36/2022 IS PENDING ON THE FILE OF HON'BLE CIVIL JUDGE AND J.M.F.C. COURT, SULLIA D.K FOR THE OFFENCE P/U/S 86, 87 OF K.F ACT AND 379 OF IPC AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner (accused), who has been charge sheeted for the offences punishable under Sections 86, 87 of Karnataka Forest Act, (for short `Act') and Section 379 of IPC, is before this Court seeking relief. 2. The prosecution alleges that on 23.6.1993, on receiving a credible information, the complainant along with his staff went to the spot and apprehended that the petitioner with a suitcase was waiting for a bus, and after opening the suit case, it was discovered that the petitioner was transporting sandalwood billets weighing about 11-200 Kilo grams un- authorizedly. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondents. 4. Section 62-A of the Act states that any Forest Officer not below the rank of a Range Forest Officer may as regards offences under this Act exercise powers conferred on an Officer in charge of a police station by the provision of the Code of Criminal Procedure, 1973. Therefore, any officer not - 3 - NC: 2025:KHC:15556 CRL.P No. 12916 of 2024 below the rank of Range Forest Officer can alone investigate the offence under the Karnataka Forest Act. In the instant case, the police conducted the investigation, and lead the charge sheet before the jurisdictional Court. The learned Magistrate after perusing the charge sheet submitted by the police took the cognizance of the aforesaid offences. Therefore, conducting an investigation by culminating in taking the cognizance of the offences alleged against the petitioner stands vitiated, and without authority of law, since the police have no power to conduct investigation of the offences punishable under the Forest Act. Under these circumstances, continuation of the criminal proceedings would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. The impugned criminal proceedings in CC No.36/2022 pending on the file of the learned Civil Judge and JMFC Court, Sullia, D K, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 2 Sl No.: 3