H.N.PREMKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed seeking quashing of charge sheet in C.C.No.946/2017 now pending on the file of Principal Civil Judge and JMFC Court, Hosapete, for offences punishable under Ss. 24(a), (d), (f), (g), (gg), (h), 73(d), 80, 82, 82(B) and 109 of Karnataka Forest Act, 1963 (for short "Act, 1963") and under Rule 144, 165 of Karnataka Forest Rule, 1969 (for short "Rules, 1969") and under Sec. 4(1), 4(1A) and 21 of The Mines and Minerals(Development and Regulation) Act, 1957 (for short "MMDR Act").

(2.) The case of the prosecution is that on 19/11/2012 the Assistant Conservator of Forest, Hosapete Zonal, registered a case in FOC.No.12/2012- 13 against the petitioner for offences punishable under the aforementioned Ss. and Rules. Pursuant to registration of crime, the concerned Officer has laid a charge sheet. The Magistrate has taken cognizance pursuant to laying of charge sheet.

(3.) Learned counsel appearing for petitioner reiterating the grounds urged in the petition would vehemently argue and contend that the second complaint registered in FOC.No.12/2012-13 is hit by principle of double jeopardy. He would contend that the petitioner who is categorized as a B category lease holder has pleaded guilty in FOC.No.11/2009-10 and in terms of Apex Court direction, he has paid fine of Rs.2,000.00 each for offences punishable under Ss. 24(a), (g), (gg) of Act, 1963 and Rs.10,000.00 for offences punishable under Sec. 73(d) of Act, 1963 and compensation of Rs.3,60,000.00. The second limb of argument is that in absence of sanction, respondent has undertaken spot inspection and a spot mahazar is prepared, pursuant to which crime in FOC No.12/2012-13 is registered against the petitioner. Thereafter, requisition is filed by the Range Forest Officer seeking permission to investigate the case on 13/8/2013, the learned Magistrate has granted permission on 20/8/2013. He would further contend that charge sheet is laid on 13/7/2017 and the learned Magistrate has taken cognizance on 27/9/2017.