Karnataka High Court
Mohammed Abdul Saleem S/O Md. Ibrahim vs Range Forest Officer on 5 December, 2023
Author: K Natarajan
Bench: K Natarajan
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CRL.P No. 200368 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO.200368 OF 2023 (482)
BETWEEN:
MOHAMMED ABDUL SALEEM
S/O MD. IBRAHIM
AGE: 67 YEARS OCC: AGRICULTURE,
R/O 9-133-103, SALEEM MANZIL,
SAI NAGAR COLONY, NEAR DR. HOUSE,
MAILOOR ROAD, BIDAR DIST: BIDAR-585403.
...PETITIONER
(BY SRI. RAVI B. PATIL, ADVOCATE)
AND:
RANGE FOREST OFFICER
BIDAR RANGE, BIDAR DIVISION,
Digitally KEB ROAD, BIDAR-585401.
signed by
KHAJAAMEEN REPRESENTED BY ADDL. SPP
L MALAGHAN HIGH COURT OF KARNATAKA
Location: High
Court Of KALABURAGI BENCH-585107.
Karnataka ...RESPONDENT
(BY SRI. JAMADAR SHAHABUDDIN, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE FIR REGISTERED BY THE
RESPONDENT AUTHORITY BEARING FOC NO.30/2022-23
DATED 14.12.2022 AS AT ANNEXURE-F INVOKING SECTIONS
33(2) (ii) (iii) (iii-a) AND 73(D) OF KARNATAKA FOREST ACT
1963 READ WITH SECTIONS 25 AND 43 OF KARNATAKA
FOREST RULES 1969, PENDING ON THE FILE OF 1ST ADDL.
CIVIL JUDGE AND JMFC-II AT BIDAR.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 200368 of 2023
ORDER
This petition is filed by the petitioner under Section
482 of Cr.P.C. for quashing the FIR registered by the
Karnataka Forest Department, Bidar circle on 14.12.2022
alleging that the land in Sy.No.75 was a forest land. The
petitioner is said to be illegally encroached and digging the
soil about 02 acres of land. Hence, FIR has been registered
for the offences punishable under Section 33 (2) (ii) (iii)
(iii-a) and 73 (D) of the Karnataka Forest Act, 1963 and
Rules 25 and 43 of the Karnataka Forest Rules, 1969. The
same is under challenge.
02. The learned counsel for the petitioner submits
that the petitioner has purchased the land in Sy.No.75/1
from one Ananthram s/o Late Sangayya under the sale
deed in the year 1995. Prior to that the predecessor in title
has filed a suit against the Forest Department and the
Deputy Commissioner, in O.S.No.104/1995, which came to
be decreed and the said decree attained the finality. Even
the State has decided not to prefer any appeal. Such being
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the case, the petitioner is in possession of the land, he has
sold some of the portion of the said land. Therefore,
prayed for quashing the FIR.
03. Per contra, the learned High Court Government
Pleader objected the petition.
04. Having heard the arguments and on perusal of
the records especially the decree passed by the Prl. Civil
Judge, at Bidar in O.S.No.104/1995, it reveals that one
Ananthram s/o Late Sangayya filed a suit against the
Deputy Commissioner, Bidar and the District Forest
Officer, Bidar, for declaration and injunction, restraining
the defendants from interfering and declaring him as
owner of 16 acres 15 guntas in land Sy.No.75/1. The suit
was contested by the defendants - Forest Officer and
Deputy Commissioner and finally the suit was decreed on
31.03.1997.
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05. The learned counsel for the petitioner has also
produced the letter of correspondence between the
Government of Karnataka to the District Forest Officer,
where they have stated that the Government has decided
not to prefer any appeal against the judgment and decree
passed in O.S.No.104/1995, which has attained finality.
The petitioner has purchased the said land from the
Ananthram who is a decree holder by the sale deed dated
24.11.1995 during the pendency of the said suit.
Subsequently, the suit was decreed and the petitioner
became owner of the property by virtue of the sale deed.
Hence, the question of encroaching the land of the Forest
doest not arise at all, as the petitioner is the owner of the
land having purchased the same from one Ananathram
who is a decree holder. When the State has decided not to
preferred any appeal against the judgment and decree,
the question of same Forest Officer filing the complaint on
the ground of encroachment does not arise at all. The
Forest Officer, Bidar themselves parties to the suit apart
from the Deputy Commissioner.
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06. Such being the case, the registering the FIR
and conducting the investigation, is abuse of process of
law and the petition is liable to be allowed. Accordingly, I
proceed to pass the following;
ORDER
i. The petition filed by the petitioner is hereby allowed.
ii. The FIR registered by the respondent - authority
bearing FOC.No.30/2022-23 dated 14.12.2022 as at
Annexure-F invoking Section 33 (2) (ii) (iii) (iii-a)
and 73 (D) of the Karnataka Forest Act, 1963 read
with Sections 25 and 43 of the Karnataka Forest
Rules 1969, pending on the file of 1st Addl. Civil
Judge and JMFC-II at Bidar, is herby quashed.
Sd/-
JUDGE
KJJ
CT:SI
