The police, after investigation, submitted a charge sheet

for the offences punishable under Sections 2(7), 6(iv), 24(a),

24(g)(gg), 24(a), 62, 64A, 73(d), 82, 82, 82B & 109 of the

Karnataka Forest Act, 1969 and Rules 144 & 165 of the

Karnataka Forest Rules, Section 4(1), 4(1A) and 21 of the

Mines and Minerals (Development & Regulation) Act, 1957,

alleging that the petitioner-accused by encroaching forest area

has excavated iron ore. The learned Magistrate, after accepting

the charge sheet, took cognizance of the aforesaid offences and

issued summons to the petitioner-accused. Taking exception to

the same, the petitioner-accused is before this Court.

2.

The Learned counsel appearing for the petitioner

submits that the offences alleges against the petitioner are

punishable with imprisonment for a term not exceeding two

years and as such, cognizance taken for the offences alleged

against the petitioner after the expiry of two years from the

date of registration of the FIR is impermissible as specified in

Section 468(2) of the Code of Criminal Procedure, 1973.

- 3 -

3.

The

learned

High

Court

Government

Pleader

appearing for the respondent-State submits that the charge

sheet material cl