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2024 Supreme(Online)(Kar) 38134

KARNATAKA HIGH COURT
H N PREMKUMAR – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


ORDER

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 Sections 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 Section 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 Sections 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

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