IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Crl.MC.No. 4106 of 2011() ------------------------- CC.550/2007 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S)/ACCUSED :- ---------------------------------------- KRISHNAPPA NAIK, AGED 44 YEARS, S/O.VENKAPPA NAIK, RESIDING AT KATIKAJE HOUSE, P.O.UDOOR, ADHUR VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH SRI.M.S.BREEZ RESPONDENT(S)/COMPLAINANT/STATE :- ------------------------------------------------------------- 1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 2. FOREST RANGE OFFICER, (IN OR NO.27 OF 2006) OF FOREST RANGE OFFICE, KASARAGOD-671121. 3. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, KANNUR DISTRICT-670 001. PUBLIC PROSECUTOR SMT.JASMINE ADV.SRI.M.P.MADHAVANKUTTY (Spl. GP, FOREST) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 4106 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure AI :- Copy of the judgment dated 7.10.2008 in C.C.No.550/2007 of the Chief Judicial Magistrate Court, Kasaragod. Annexure AII :- Copy of the letter dated 28.7.2011 received by the petitioner from the 2nd respondent Divisional Forest Officer. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4106 of 2011 ----------------------------------- Dated this the 16th day of December 2011 O R D E R Petitioner was convicted by the learned CJM, Kasaragod for offences punishable under Secs.27(1)(e)(iv) and (iii) of Kerala Forest Act. It is submitted by the learned counsel for the petitioner that an appeal has been filed against the conviction and it is pending before the Sessions Court. In the mean while, the petitioner filed a representation before the Divisional Forest Officer, Kannur requesting him to compound the offence under Sec.68 of Kerala Forest Act. That petition was rejected as per Annexure A2 order holding that the petitioner has already been found guilty and convicted by the court and as such the officer is not entitled to compound the offence. 2. Learned counsel for the petitioner submits that the offences alleged against this petitioner are compoundable. This has been resisted by the learned Special Government Pleader (Forest) pointing out that Sec.68(1) itself makes it clear that the power therein can be exercised only when a person is Crl.M.C. No.4106 of 2011 -: 2 :- 'reasonably suspected' of having committed any forest offence. Here it is not a case where he is merely suspected of committing any offence, but is found guilty and convicted by the learned Magistrate. Not only that the word used is “may” and so it falls in the realm of discretion of the officer to allow or reject the petition for composition. Whatever that be, so far as the case on hand is concerned, the petitioner has already been convicted and sentenced by the learned CJM and as such, the request made by the petitioner that his representation to the 3rd respondent may be ordered to be considered is unsustainable. As such, this Crl.M.C. is dismissed. N.K.BALAKRISHNAN, J UDGE. Jvt