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2026 DAILYLAW 43294 (KAR)

SMT SANGEETHA REDDY v. THE STATE OF KARNATAKA

CRL.P/222/2025 · 2026-09-24

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010001812025 NC: 2026:KHC:52909 CRL.P No.222 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO.222 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SMT. SANGEETHA REDDY W/O ABHIRAM PARVATHANENI AGED ABOUT 43 YEARS R/AT NO.109/21, 10TH MAIN ROAD 7TH CROSS, RMV EXTENSION SADASHIVANAGARA BENGALURU, KARNATAKA - 560094. …PETITIONER (BY SRI. DARSHAN R, ADV.,) AND: 1. THE STATE OF KARNATAKA BY RANGE FOREST OFFICER SARJAPURA, ANEKAL OFFICE AT 13TH CROSS 29TH MAIN ROAD, B T M 2ND STAGE BENGALURU 560076 REP. BY SPP HIGH COURT OF KARNATAKA BENGALURU-01. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS), PRAYING TO QUASH THE FIR IN FOC NO.11/2022-23 REGISTERED BY THE RESPONDENT FOR THE OFFENCES P/U/S 24, (g), (gg), (h)(4) OF KARNATAKA FOREST ACT, 1963 AND RULE 22 AND 23 OF KARNATAKA FOREST RULES, 1969, SEC.2 OF INDIAN FOREST CONVERSION ACT, 1980, PENDING BEFORE THE PRINCIPAL CIVIL Digitally Signed By: SURAJ GOVINDA RAJ 29/09/2026, 18:12, Bengaluru Verified - 2 - HC-KAR CNR: KAHC010001812025 NC: 2026:KHC:52909 CRL.P No.222 of 2025 JUDGE AND JMFC AT ANEKAL, AGAINST THE PETITIONER PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; Quash the FIR in FOC No.11/2022-23 registered by the respondent for the offences p/u/s 24, (g), (gg), (h)(4) of Karnataka Forest Act, 1963 and Rule 22 and 23 of Karnataka Forest Rules, 1969, Sec.2 of Indian Forest Conversion Act, 1980, pending before the Principal Civil Judge and JMFC at Anekal, against the Petitioner produced at Annexure-A in the interest of justice. 2. The proceedings which had been initiated against the petitioner were under Section 24, (g), (gg), (h) (4) of the Karnataka Forest Act, 1963 and Rule 22 and 23 of the Karnataka Forest Rules, 1969 as well as Section 2 of the Indian Forest Conservation Act, 1980, in furtherance of which, FOC No.11 of 2023 had been registered. 3. Learned AGA had earlier sought time to secure instructions and make her submission as regards the basis on which the said proceedings had been Digitally Signed By: SURAJ GOVINDA RAJ 29/09/2026, 18:13, Bengaluru Verified - 3 - HC-KAR CNR: KAHC010001812025 NC: 2026:KHC:52909 CRL.P No.222 of 2025 initiated and the basis of the claim made as regards the subject property being forest land. 4. Today, a memo along with a notification has been filed indicating that, Exercising Powers under Section 31 of the Mysore Act, 1900, the Government of Mysore had directed that the forest specified in the schedule thereto had been constituted as a Village Forest vide Government Notification; the said Notification reads as under; 1012 NOTIFICATION No.AFD 42 FAD 60, dated Bangalore, 26th May 1900 In exercise of the powers conferred by Section 31 of the Mysore Act, 1900 (Mysore Act No.XI of 1900), the Government of Mysore hereby directs that the Forest specified in the Schedule below constituted as a village Forest vid.G.O.No.S.436/FT 334-26-4, dated 30th May 1927 as Nerige Village Forest shall cease to be a Village Forest with effect from the date of this Notification. SCHEDULE District Taluk Village S.No. Area Bangalore Anekal Nerige No.108 of Nerige Village A.G. 200-00 Name of the Blook. Nerige Village Forest. 1. Area disafforested vide G.O.No.R.7105-7110-L.R.33-51-17, dated 26th September 1951. …. 100-00 2.Do G.O.No.AFD 11 DAR 57, Bangalore dated 5th July 1957 100-00 -------------- Total 200-00 -------------- Digitally Signed By: SURAJ GOVINDA RAJ 29/09/2026, 18:13, Bengaluru Verified - 4 - HC-KAR CNR: KAHC010001812025 NC: 2026:KHC:52909 CRL.P No.222 of 2025 Boundaries- North: S. Nos.132, 131, 120, 174, 123, 122, 180, 178, 177, 176, 175 and 172. East-Chikkadasarahally limit. South-Valagerekallahally and Chanehenahally. West-Chanehenahally and Kutiiguppe limits. By Order and in the name of the Governor of Mysore, K. S. N. MURTHY, Deputy Secretary to Government, Agriculture and Forest Department. 5. In view of the above notification, the subject land has ceased to be a Village Forest with effect from the date of the notification i.e., 26.05.1960. When the land ceased to be a Village Forest, the question of initiating any proceedings under the aforesaid provisions would not arise. 6. In that view of the matter, this Court passes the following; ORDER i. Criminal petition is allowed. ii. FIR in FOC No.11/2022-23 registered by the respondent for the offences p/u/s 24, (g), (gg), (h)(4) of Karnataka Forest Act, 1963 and Rule 22 and 23 of Karnataka Forest Rules, 1969, Sec.2 of Indian Forest Conversion Act, 1980, pending Digitally Signed By: SURAJ GOVINDA RAJ 29/09/2026, 18:13, Bengaluru Verified - 5 - HC-KAR CNR: KAHC010001812025 NC: 2026:KHC:52909 CRL.P No.222 of 2025 before the Principal Civil Judge and JMFC at Anekal, against the Petitioner at Annexure-A, is quashed (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 7 Digitally Signed By: SURAJ GOVINDA RAJ 29/09/2026, 18:13, Bengaluru Verified