IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Crl.MC.No. 3289 of 2011(E) ------------------------------------- [O.R. NO.3/2001 OF KASARGODE FOREST RANGE OFFICE] .............. PETITIONER: ------------------- VENKATA KRISHNA BHAT, AGED 60 YEARS, S/O.SUBRAMANYA BHAT, BARANYA OF PANAJE VILLAGE, PUTTUR TALUK, PANAJE.P.O., D.K.DISTRICT. BY ADVS. SRI.V.V.ASOKAN, SRI.P.P.RAMACHANDRAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. FOREST RANGE OFFICER, KASARGODE FOREST RANGE OFFICE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DIVISIONAL FOREST OFFICER, KANNUR. R1 & R2 BY SPL. PUBLIC PROSECUTOR SRI. M.P. PRAKASH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3289/2011-E: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE.A: COPY OF THE OCCURRENCE REPORT IN O.S. NO. 3/2001 OF KASARGODE FOREST RANGE OFFICE, DTD. 16/01/2001. ANNEXURE B: COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE R.2. TO THE PETITIONER DTD. 09/11/2010. ANNEXURE.C: COPY OF THE REPLY GIVEN BY THE PETITIONER DTD. 08/12/2010. ANNEXURE.D: COPY OF THE ORDER PASSED BY THE R.2. IN THE CONFISCATION PROCEEDINGS DTD. 03/01/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3289 of 2011 ----------------------------------- Dated this the 18th day of October 2011 O R D E R Petitioner is the 2nd accused in OR No.3/2001 of Kasaragod Forest Range Office. The allegation is that a rose wood tree was cut and removed from the Reserve Forest and the cut wooden logs were concealed in the compound of the 2nd accused. It was alleged that those timber logs/wooden logs were seized from that compound. The learned Special Government Pleader for Forest submits that the son of the 2nd respondent was a witness to that seizure. 2. The learned counsel for the petitioner submits that though the forest crime (OR) was filed in the year 2001, no notice whatsoever was served on the petitioner at any point of time nor was he aware of the confiscation proceeding. The learned counsel submits that till Annexure Crl.M.C. No.3289 of 2011 -: 2 :- B notice was served on him, he had no occasion to know about the complaint in O.R.No.3/2001. Annexure D order was passed only on 3.1.2011. It is not known why there was such an inordinate delay in passing Annexure D order and for taking further action in O.R.No.3/2001. In the light of the facts mentioned above, the learned counsel for the petitioner submits that further action in O.R.No.3/2001 is to be quashed. 3. The learned Special Government Pleader submits that a complaint has already been filed by the concerned Forest Range Officer before the CJM Court and that case was taken on file as C.C.No.565/2011. The learned Special Government Pleader further submits that as against the order of confiscation, an appeal has been filed by the petitioner before the District Court and it is pending as CMA No.8/2011. Therefore, the confiscation proceeding has to be challenged only in that CMA. As regards the further action in O.R.No.3/2001, since the complaint has Crl.M.C. No.3289 of 2011 -: 3 :- already been filed and has been taken on file by the learned CJM, the petitioner can raise all his contentions at the time of framing charge. Pre-charge evidence may have to be taken and only thereafter the petitioner can address his argument before the learned CJM. 4. The learned counsel submits that since the incident had taken place, even according to the prosecution, 10 years back, a direction may be issued to the learned CJM that if the petitioner surrenders before the learned Magistrate he may be granted bail. I am not issuing any such direction. The learned CJM will consider the delay on the part of the complainant in filing the complaint as mentioned earlier while disposing of the bail application. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt