Karnataka High Court
Sri Lokesh S/O Lakshmayya vs Range Forest Officer on 10 January, 2022
Bench: M.Nagaprasannapresided Bymnpj
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO.100042/2022
BETWEEN:
SRI LOKESH S/O LAKSHMAYYA
AGE. 45 YEARS,
R/O. SANKAPURA VILLAGE
GULURU POST
TUMAKURU DISTRICT-572118
...PETITIONER.
(BY SHRI MURTHY D. NAIK, SENIOR COUNSEL FOR SHRI M.L.VANTI,
ADVOCATE.)
AND:
RANGE FOREST OFFICER
HIREKERUR-581111
HAVERI DISTRICT,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580001.
...RESPONDENT.
(BY SHRI PRAVEEN K. UPPAR, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO QUASH THE
FIR BEARING NO.HKR.FOC.CRIME 08/2021-22 DATED 13.08.2021,
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 9
AND 51 OF THE WILD LIFE (PROTECTION) ACT, 1972, AT ANNEXURE-
A, WHICH IS PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND
2
JMFC, AT HIREKERUR, AS AGAINST THE PETITIONER/ACCUSED NO.4
HEREIN, ETC.,.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE
COURT PASSED THE FOLLOWING:
ORDER
The learned Government Pleader accepts notice for the
respondent-State.
2. The petitioner calls in question the proceedings in
HKR FOC Crime No.8/2021-22, pending before the Senior Civil
Judge and JMFC, Hirekerur, registered for the offences
punishable under Sections 9 and 51 of the Wile Life (Protection)
Act, 1972.
3. Heard Shri Murthy D. Naik, the learned Senior
Counsel appearing for the learned counsel for petitioner Shri
M.L.Vanti and Shri Praveen K. Uppar, the learned Government
Pleader appearing for the respondent-State.
4. Both the learned counsel in unison would submit
that the issue in the lis with regard to maintainability of the
complaint for the aforesaid offences in the light of the offence
alleged coming under Schedule-V appended to the Wild Life
(Protection Act, 1972, stands covered by the judgment rendered
in Crl.P.No.101698/2021, disposed off on 30.11.2021, wherein
this Court has held as follows:
"8. Perused the material on record. The
point that would arise for my consideration is:
Whether the criminal proceedings
initiated against the petitioner under
Sections 9 and 51 of the Wild Life
(Protection) Act, 1972 is liable to be
quashed under Section 482 of Cr.P.C.?
My answer to the above point is in the
'Affirmative' for the following:
REASONS
9. It is the specific contention of the
complainant that the accused has committed the
offence under Section 9 punishable under Section
51 of the Act. Section 9 of the Act reads as under:
"9. Prohibition of hunting.- No person
shall hunt any wild animal specified in
Schedules I, II, II and IV except as provided
under Section 11 and Section 12."
10. Admittedly, the Bat referred to in the
complaint is not described in Schedule I, II, III or
IV of the Act. But on the other hand, Schedule-V of
the Act described 'fruit bats' at Sl.No.3. However,
hunting of the animal specified under Schedule-V is
not an offence under Section 9 of the Act. Under
such circumstances, the penal provision under
Section 51 of the Act is not attracted to the facts of
the case. Therefore, I am of the opinion that the
criminal proceedings initiated against the petitioner
is liable to be quashed. Hence, I answer the above
point in the "Affirmative" and proceed to pass the
following:
ORDER
The criminal petition is allowed.
The FIR No.HKR.FOC.Crime No.8/2021-22 of
Karnataka Forest Department registered for the
offences punishable under Sections 9 and 51 of the
Wild Life (Protection) Act, 1972 against the
petitioner herein is quashed."
5. In the light of the order passed by the co-ordinate
Bench of this Court concerning other accused in the same
complaint, I deem it appropriate to allow the petition and quash
the proceedings in HKR FOC Crime No.8/2021-22, pending
before the Senior Civil Judge and JMFC, Hirekerur, registered for
the offences punishable under Sections 9 and 51 of the Wile Life
(Protection) Act, 1972.
Ordered accordingly.
Sd/-
JUDGE
Mrk/-
