- 1 - HC-KAR NC: 2025:KHC:21463 WP No. 35985 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35985 OF 2024 (GM-RES) BETWEEN: MR. GAURAV SARAOGI, AGED 24 YEARS, S/O AJAY KUMAR SARAOGI, R/A NO.5, 3RD FLOOR, 2ND CROSS NEAR SINDI DHRAM SHALA, KG ROAD EXTENSION, BANGALORE NORTH, KARNATAKA – 560009. …PETITIONER (BY SRI. P.P.HEGDE, SENIOR COUNSEL FOR SRI.VENKATESH SOMAREDDI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH RANGE FOREST OFFICER, KADUGODI SECTION, K.R PURAM RANGE, BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT BANGALORE, BANGALORE – 560 001. …RESPONDENT (BY SMT.SOWMYA R., HCGP) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21463 WP No. 35985 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BNSS PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRITS OR DIRECTIONS, QUASHING THE FIR IN FOC NO.04-2024-25 BEFORE THE KRISHNARAJAPURAM RANGE FOR THE OFFENCE PUNISHABLE UNDER SECTION 82A, B, 84, 86, 87 AND 99 OF KARNATAKA FOREST ACT, 1963 AND RULE 152, 154 AND 165 OF THE KARNATAKA FOREST RULES 1969 PENDING ON THE FILE OF 29TH ACMM, BENAGALURU VIDE ANNEXURE -D DATED 18.12.2024 AS FAR AS PETITIONER/ ACCUSED NO. 1 IS CONCERNED AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "1. To issue writ of certiorari or any other appropriate writs or directions, quashing the FIR in FOC No.04-2024-25 before the Krishnarajapuram Range for the offence punishable under Section 82A, B, 84, 86, 87 and 99 of Karnataka Forest Act, - 3 - HC-KAR NC: 2025:KHC:21463 WP No. 35985 of 2024 1963 and Rule 152, 154 and 165 of the Karnataka Forest Rules 1969 pending on the file of 29th ACMM, Bengaluru vide Annexure-D dated 18.12.2024 as far as petitioner/ accused No. 1 is concerned; 2. Issue writ of certiorari or any other appropriate writs or directions quashing the seizure report dated 18-12-2024 in FOC No.-04-2024-25 before the Krishnarajapuram Range, vide Annexure E and consequently direct the respondent to release the property seized to the petitioner; 3. Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case is concerned in the interest of justice and equity." 2. Heard the learned Senior Counsel for the petitioner and learned HCGP for respondent and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior Counsel, invited my attention to the Certificate of Registration dated 21.09.2024, Licence in Form No.17 vide Annexure B and permission from the - 4 - HC-KAR NC: 2025:KHC:21463 WP No. 35985 of 2024 concerned vide Annexures A, B and C, in order to point out that despite the petitioner carrying on business in accordance with law, the respondent has filed the impugned FIR complaint which is currently pending in the impugned FIR in Crime FOC.4/2024-25 without there being any material to establish that the petitioner was guilty of the alleged offences punishable under Sections 82A, B, 84, 86, 87, 99 of the Karnataka Forest Act, 1963 and Rules 152, 154 and 165 of the Karnataka Forest Rules, 1969. 4. It is submitted on behalf of the petitioner that though the subject goods were seized from the petitioner as per the seizure memo, the respondent has not taken into consideration the valid Certification of registration, licence approval/permission etc. in existence in favour of the petitioner who is before this Court by way of the present petition. - 5 - HC-KAR NC: 2025:KHC:21463 WP No. 35985 of 2024 5. Per contra, learned HCGP submitted that there is no merit in the petition and the same is liable to be dismissed. 6. As rightly pointed out by the learned Senior Counsel for the petitioner, the cumulative effect of Annexures A, B, and C being sufficient to come to the conclusion that the petitioner is not guilty of the offences alleged against them, in addition thereto, except bald, vague and omnibus allegations made against the petitioner from whom the subject goods were seized, neither valid information nor sufficient material is placed by the respondent to incriminate the petitioner for the alleged offences and consequently the impugned proceedings deserves to be quashed. 7. Accordingly, I pass the following: ORDER i. The Writ Petition is hereby allowed. ii. The FIR in FOC No.04/2024-25 before the Krishnarajapuram Range for the - 6 - HC-KAR NC: 2025:KHC:21463 WP No. 35985 of 2024 offences punishable under Sections 82A, B, 84, 86, 87 and 99 of the Karnataka Forest Act, 1963 and Rules 152, 154 and 165 of the Karnataka Forest Rules, 1969, pending on the file of the 29th ACMM, Bangalore, is hereby quashed; iii. The respondent is hereby directed to return the seized articles as per the seizure report dated 18.12.2024 in FOC No.04/ 2024-25 before the Krishnarajapuram Range, vide Annexure E, to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 2 Sl No.: 30