1977 Supreme(Kar) 230
HONNAIH
STATE OF KARNATAKA – Appellant
Versus
VEDAVATI – Respondent
Advocates:
A.B.PATIL, M.GOPALKRISHNA SHETTY
( 1 ) THE Range Forest Officer, Puttur, filed a complaint in the Court of the Judicial Magistrate First Class, Puttur against the accused on 24-11- 1976 alleging that she had unauthorisedly cut and removed 32 trees of various kinds situated in RS. No. . l04|2 and. 106 of Kudipady village, belonging to the Govt on 25-12-1974 and thereby committed an offence punishable under S. 33 (v) of the Karnataka Forest Act, 1963 read with rules 25 (3) and 43 of the Karnataka Forest Rules, 1969. The accused appeared in the Court and raised an objection that the Court should not take any cognizance of the offences in view of the bar under S. 468 of the crlpc. The learned Magistrate without giving any reasons condoned the delay although the delay was not explained. Thereupon, the accused filed a revision petition before the learned Sessions Judge, Dakshina kannada at Mangalore. The learned Sessions Judge held that there was delay in filing the complaint and that delay was not explained satisfactorily and in that view of the matter, he allowed the revision petition and directed the complaint to be dismissed. Aggrieved by this decision, the State has come up to this Court. The only point that arises
Click Here to Read the rest of this document