- 1 - NC: 2025:KHC-D:3792 CRL.P No. 101533 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101533 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHANTALAKSHMI W/O. Y.N. JAYARAM AGE. 50 YEARS, OCC. BUSINESS, R/O. S.R.R. THEATRE, NEAR MATHI CIRCLE, BALLARI, DIST. BALLARI. …PETITIONER (BY SRI. DAYANAND M. BANDI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH RANGE FOREST OFFICER, HOSAPETE-583201, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SRI. T.HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.894/2017 (IN F.O.C.NO.8/2012-13 HOSAPETE RANGE) THEREBY TAKING COGNIZANCE DATED 05.07.2017 FOR THE OFFENCES PUNISHABLE U/S 24(a), 24(f), 24(g), 24(gg), 24(h), 73(d), 80, 82, 82-B AND 109 OF KARNATAKA FOREST ACT-1963 AND RULE 144 AND 165 OF K.F. ACT AND SECTION 4(1), 4(1A), 21 OF MMDR ACT, ON THE FILE OF PRL.CIVIL JUDGE AND JMFC COURT, HOSAPETE, IN SO FAR AS PETITIONER/ACCUSED IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.01 12:14:27 +0530 - 2 - NC: 2025:KHC-D:3792 CRL.P No. 101533 of 2024 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent-State. 2. A charge sheet is filed by the Range Forest Officer alleging that the petitioner/alleging after encroaching the forest land, destroyed the trees and are carrying on the mining activities illegally. The learned Magistrate by order date 27.09.2017, took cognizance of the offences punishable under Sections 24(a), 24(f), 24(g), 24(gg), 24(h), 73(d), 80, 82, 82-B and 109 of Karnataka Forest Act-1963 and Rule 144 and 165 of Karnataka Forest Act and Section 4(1), 4(1A), 21 of Mines and Minerals (Development and Regulation) Act, 1957 (for short, ‘the MMDR Act’) and issued summons to the petitioner/accused. 3. Learned counsel for the petitioner submitted that the charge sheet was filed and the cognizance was taken on 27.09.2017 upon expiry of the period of limitation prescribed under Section 468 of the Cr.P.C., since the offence is punishable with imprisonment for a period of one year . 4. Learned Additional Government Advocate submitted that the charge sheet discloses the commission of the offences alleged against the petitioner, and the veracity of the allegations can be considered at the time of trial. 5. The charge sheet is filed against the petitioner for the offences alleged to have been committed under the provisions of MMDR Act, 1957. - 3 - NC: 2025:KHC-D:3792 CRL.P No. 101533 of 2024 6. Section 22 of the MMDR Act states that the Court/ Magistrate can take cognizance of any offence punishable under the said Act only on a complaint in writing by an officer authorized by Central Government or the State Government. 7. In the present case, the learned Magistrate has taken cognizance of the offences alleged to have been committed under the MMDR Act, and the final report submitted by the Range Forest Officer who lacks authority. 8. In such circumstances, the continuation of the criminal proceedings will be an abuse of process of law. 9. Accordingly, the petition is allowed. The impugned proceedings in C.C.No.894/ 2017 pending on the file of the learned Prl. Civil Judge and JMFC Court, Hospete, insofar as it relates to the petitioner – accused, stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 37