MOHANKUMAR C. L. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) FIR is registered for the offences punishable under Ss. 24(e)(g)(gg), 33, 82(B), 62 and 104 of the Karnataka Forest Act, 1963 (for short 'Act') alleging that the petitioner - accused trespassed into the land bearing Sy.No.622 belonging to the Forest Department and has formed a road. Taking exception to the same, this petition is filed.

(2.) Sri S P Kulkarni, learned Senior counsel appearing for the learned petitioner's counsel submits that the petitioner is the authorised signatory of Sarjan Realities Ltd. which is the company incorporated under the Companies Act . Hence, the FIR registered against the petitioner - accused is not maintainable since the company is not arraigned as an accused so as to vicarious hold the petitioner guilty of the offences alleged against the petitioner as specified under Sec. 82B of the Act. He further submits that the revenue records clearly indicate that the subject land is not a forest but a revenue land and as such the registration of FIR for the offences punishable under the provisions of the Act is impermissible.

(3.) On the other hand, the learned High Court Government Pleader submits that the subject land is reserved for forest land and the petitioner by forming a road and installing Wind Power Turbines has committed the offences alleged against him. Hence, he submits that the registration of FIR is in accordance with the provisions of the Act and the same does not warrant any interference.