ILC INDUSTRIES LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE three petitions under Section 482, Cr.P.C. are directed against initiation of prosecution against the petitioners in various cases registered on the file of the jurisdictional Magistrate, for offences under the provisions of Karnataka Forest Act and also Indian Penal Code. As common questions of law and facts arise for consideration, the petitions are clubbed to be disposed of by this common order.

(2.) HEARD the learned counsel for the petitioners and the State and examined records in supplementation thereto.

(3.) AS regards Crl.P.7673/10, learned senior advocate for the petitioner, Sri Ravi B. Naik, has sought quashing of the FIR registered against M/s Adani Enterprises, firstly questioning the competence of Forest Department officers to investigate offences which fall within the competence of police officer named in the Code of Criminal Procedure. The main ground of challenge posed by him is, the FIR has been registered against the company for the offence under Section 379, I.P.C. Such a charge is untenable as the complaint for the offence of theft can be filed only against a natural person as envisaged under Section 378, I.P.C. In the complaint, no statement is made that could constitute an allegation against the petitioner regarding the alleged theft of iron ore which charge is actually levelled against Mahesh Bile, Port Officer. The other ground of challenge posed by him are already referred to in paragraphs supra which I shall refer to subsequently.