S SHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner in Criminal Petition No.2708 of 2009 has sought for quashing of the proceedings in C.C.No.73 of 2008 on the file of Judicial Magistrate First Class, Chikkanayakanahalli, dated 11-2-2008.

(2.) IN Cri.P.No.2690 of 2009 and connected matters, the petitioners have challenged C.C.No.885 of 2008 and connected matters.

(3.) LEARNED Government Pleader submits that no such permission has been obtained by the Forest Department ordering investigation of the matter. It is not disputed that the offences alleged against the petitioners being non-cognizable and there being no permission or order obtained from the jurisdiction Magistrate, the investigation made by the Forest Department and filing of charge-sheet is violative of provisions of Section 155(2) of the Criminal Procedure Code, 1973.