- 1 - NC: 2025:KHC-K:2398 CRL.P No. 200634 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200634 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. AMARESH S/O HANUMANTRAYA ELIGERA, AGE:64 YEARS, OCC: AGRICULTURE, R/O. MOMINAPUR, OLD HIGH SCHOOL AREA, DEVADURGA, TQ. DEVADURGA, DIST.RAICHUR–584125. 2. T. GIRISH S/O MAHESH ELIGERA, AGE: 35 YEARS, OCC: MEDICAL PRACTITIONER, R/O. OPP: APMC DEVADURGA, TQ. DEVADURGA, DIST.RAICHUR-584125. …PETITIONERS (BY SRI MAHANTESH PATIL, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2398 CRL.P No. 200634 of 2025 AND: 1. THE STATE OF KARNATAKA, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI–585107. 2. THE RANGE FOREST OFFICER TERRITORIAL RANGE SHORAPUR, DIST.YADGIR-585220. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/SEC. 528 OF BNSS,2023 PRAYING TO ALLOW THE PETITION AND HUMBLY PRAYS TO QUASH THE FIR AND ORDER AGAINST THEM BY THE ADDL. CIVIL JUDGE AND JMFC SHORAPUR IN FOC NO.40/2024-25 DATED 23.11.2024 FOR THE OFFENCES PUNISHABLE U/SEC. 24(c) (ii), 24 (gg) OF KARNATAKA FOREST 1963. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - NC: 2025:KHC-K:2398 CRL.P No. 200634 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The petitioners are before this Court seeking for quashing of FOC No.40/2024-25 filed by the respondent police for the offences punishable under Section 24 (c) (ii), 24(gg) of the Karnataka Forest Act, 1963. Factual matrix of the case: 2. It is the case of the prosecution that the RFO of Territorial Range, Shorapur has registered a case against the petitioners herein alleging that they have illegally encroached and built a Commercial Shop in Sy.No.6 of Hasnapur Reserved Forest which comes under the RFO of Territorial Range, Shorapur. It is further alleged that the petitioners have committed an offences stated supra for having violated the terms and conditions. Therefore, a case has been registered against them and the investigation is under progress. 3. Heard learned counsel Sri. Mahantesh Patil for the petitioners and learned High Court Government Pleader Sri. Jamadar Shahabuddin for respondent Nos.1 and 2. - 4 - NC: 2025:KHC-K:2398 CRL.P No. 200634 of 2025 4. It is the submission of learned counsel for the petitioners that the petitioners have not committed any offences as alleged by the respondent - Forest Officers. Petitioner No.1 is a bonafide purchaser of the suit schedule property. The said property was purchased from earlier owner in the year 1973 by the grandfather of petitioner No.2. Thereafter, the permission for construction was obtained in the year 1974. The petitioners are enjoying the property in question from the date of constructing the building. However, the respondent - Forest Officer deliberately registered a case in order to harass the petitioners. 5. It is further submitted that the Investigating Officer conducted investigation without obtaining the permission from the Magistrate which is held to be illegal and the said investigation has to be vitiated. Making such submissions, the learned counsel for the petitioners prays to allow the petition. 6. Per contra, learned HCGP for the respondent – State vehemently justified in filing the FIR and further stated that - 5 - NC: 2025:KHC-K:2398 CRL.P No. 200634 of 2025 the respondent Range Forest Officer had obtained permission from the jurisdictional Magistrate. Thereafter, registered a case and the investigation is under progress. Prima facie, there is a substance in the complaint that the petitioners have encroached the reserved forest and constructing the building which is punishable under the aforesaid provisions. Therefore, the investigation has to be completed and the petition deserves to be rejected. 7. Having heard learned counsel for the respective parties and also perused the averments of the FIR and other relevant documents produced along with this petition, it appears from the record that on 23.11.2024, a complaint came to be registered by the respondent - Forest Officers against the petitioners stating that they were constructed the commercial complex in the reserved forest. On perusal of Annexure – B, a copy of the permission letter dated 23.11.2024, which discloses that the jurisdictional Magistrate permitted the respondent Forest Officers to conduct investigation on 23.11.2024. However, it is stated on the left side bottom of the said application that ‘permitted’. This Court has consistently taken a view that - 6 - NC: 2025:KHC-K:2398 CRL.P No. 200634 of 2025 mere mentioning as ‘permitted’ is not sufficient to infer that the Magistrate has applied his mind to give such permission to conduct the investigation. 8. Such being the fact, it is appropriate to quash the proceedings as the respondent Forest Officer has not obtained the permission in accordance with law for the purpose of conducting investigation. Moreover, the petitioners have purchased the property under the registered sale deed. Whether the petitioners have violated any provisions under the said Act or not has to be decided only after conducting the joint survey by the Revenue and the Forest Officers. Hence, it is appropriate at this stage to quash the proceedings. 9. In the light of the observations made above, I proceed to pass the following: ORDER i. The criminal petition is allowed. ii. The FIR in FOC No.40/2024-25 filed by the respondent police and the order dated 23.11.2024 passed by the learned Addl. Civil Judge and JMFC, Shorapur against - 7 - NC: 2025:KHC-K:2398 CRL.P No. 200634 of 2025 the petitioners for the aforesaid offences are quashed. iii. However, liberty is reserved to the Forest Officers to conduct joint survey and take appropriate action after obtaining the survey report. iv. In case, if the petitioners have violated the norms or guidelines, suitable action may be initiated against the petitioners under such circumstances. Sd/- (S RACHAIAH) JUDGE RSP/JS List No.: 1 Sl No.: 29 CT:PK