- 1 - NC: 2025:KHC:804 CRL.P No. 14022 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.14022 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SMT SHUBHA, W/O RAMEGOWDA, MAJOR AGED ABOUT 30 YEARS, R/AT HIRIMANDE VILLAGE, SAKALESHPURA TALUK, HASSAN DISTRICT-01 …PETITIONER (BY SRI. PRATHEEP K C., ADVOCATE) AND: THE STATE OF KARNATAKA REP. BY RANGE FOREST OFFICER, HANUBALAU SECTION, SAKLESHPURA, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01 …RESPONDENT (BY SMT. M.M.WAHEEDA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN RFO SKP FOC NO.53/2021-22 FOR THE OFFENCE P/U/S 24a, 24b, 24g, 24gg, 24h, 24j AND 73(d) OF KARNATAKA FOREST ACT, 1963, SECTION 2 OF FOREST CONSERVATION ACT, 1980 R/W ARTICLE 21, 48A, 51A(g) OF INDIAN CONSTITUTION REGISTERED BY DEPUTY RANGE FOREST OFFICER, HANUBALU SECTION, SAKLESHPUR, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, SAKLESHPURA AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:804 CRL.P No. 14022 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following relief: “Wherefore the petitioner in the above petition most humbly prays that this Hon’ble Court may be pleased to quash the FIR in RFO SKP FOC No.53/2021-2022 for the offences punishable under Sections 24a, 24b, 24g, 24gg, 24h, 24j and 73(d) of Karnataka Forest Act, 1963, Section 2 of Forest Conservation Act, 1980 r/w Article 21, 48A, 51A(g) of Indian Constitution registered by Deputy Range Forest Officer, Hanubalu Section, Sakleshpur, pending on the file of Civil Judge & JMFC, Sakaleshpura and consequently quash the entire proceedings against the petitioner in the interest of justice and equity.” 2. A perusal of the material on record will indicate that on the basis of Mahazar dated 30.01.2022, the respondent registered FIR in Crime No.RFO SKP FOC No.53/2021-22 and commenced investigation against the petitioner for the alleged offences punishable under Sections 24a, 24b, 24g, 24gg, 24h, 24j and 73(d) of Karnataka Forest Act, 1963, without obtaining necessary mandatory permission from the jurisdictional Magistrate under Section 155(2) of Cr.P.C. since the said offences are non- - 3 - NC: 2025:KHC:804 CRL.P No. 14022 of 2024 cognizable offences for which obtaining or prior permission is required in law. It is also relevant to state that though subsequently on 19.03.2022, respondent is said to have obtained permission from the jurisdictional Magistrate, the subsequent obtaining of permission cannot in any way cure the inherent fatal defect of non- obtaining of prior/previous permission prior to investigation as contemplated under Section 155(2) of Cr.P.C. and consequently, on this short ground alone, the impugned proceedings deserves to be quashed. 3. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) All proceedings pursuant to FIR in RFO SKP FOC No.53/2021-2022 registered by the respondent – State against the petitioner are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 70