SRI.SHIVARAJ SINGH S/O LATE SRI. SURENDRA SINGH DFO SAGAR NOW JOINT DIRECTOR FOREST SURVEY OF INDIA Vs. THE STATE OF KARNATAKA BY ITS STATE PUBLIC PROSECUTOR AND SRI. B.N. MANMATH KUMAR S/O B.N. SURYANARAYANA RAO

JUDGEMENT

(1.) THESE two revision petitions are directed against the order of the trial court declining to discharge the Petitioner and ordering change to be framed in respect of the offences punishable under Sections 323, 342, 504 & 506(2) of Indian Penal Code.

(2.) THE case of the complainant is that, the complainant was a lover of snakes and on coming to know of the presence of two cobras putting eggs in forest land, he brought the same to the notice of the Petitioner Shivaraj Singh and the said Petitioner along with other forest officials went to the spot and the complainant in the meanwhile took 32 eggs to his house to give them protection and the accused persons visited the house of the complainant and thereafter, the complainant was taken to the forest guest house and there, the complainant was assaulted with wooden sticks.

(3.) SUBMISSION of the learned Counsel for the Petitioner is that there is lot of delay in filing the compliant, because the alleged incident took place on 05.06.2001, whereas, the complaint was actually lodged on 02.07.2001 and secondly, No. sanction was obtained before prosecuting the Petitioner. Therefore, relying on the Apex Court's decision reported in Bhoop Singh Vs. Union of India and others, AIR 1992 SC 1414 it is argued that inordinate delay would be a serious infirmity in the prosecution case. On these grounds, learned Counsel sought for the order of the trial court be set aside.