Full Judgment Text
- 1 -
NC: 2026:KHC:6379
WP No. 38550 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 38550 OF 2025 (GM-RES)
BETWEEN:
ARFAD
S/O. AYUB,
AGED ABOUT 28 YEARS,
RESIDING NEAR JUMMA MASJID,
MAVINAKATTE,
GULVADI VILLAGE,
KUNDAPURE TALUK,
UDUPI - 576 283.
…PETITIONER
(BY SRI. HALEEMA AMEEN, ADVOCATE)
AND:
Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
1.
STATE OF KARNATAKA
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001
2. THE RANGE FOREST OFFICER
KUNDAPURA RANGE,
KUNDAPURA - 576 201
…RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
ORDER DECLARING SECTION 63 OF THE KARNATAKA FOREST
- 2 -
NC: 2026:KHC:6379
WP No. 38550 of 2025
HC-KAR
ACT 1963 AS ULTRA-VIRES, ARBITRARY AND VIOLATIVE OF
ARTICLE 14, 19 AND 21 OF THE CONSTITUTION OF INDIA,
AND REPUGNANT/CONTRARY TO THE PROVISIONS OF THE
CODE OF CRIMINAL PROCEDURE, 1973 AND BNSS 2023, OR
ALTERNATIVELY TO READ DOWN THE SAME TO THE
DISCRETION OF THE JURISDICTIONAL COURTS TO IMPOSE
SUITABLE/REASONABLE CONDITIONS AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
In the light of the Circular dated 10.02.2012, the writ
petition is not entertainable, but a criminal petition is.
Therefore, this petition shall be converted to that of criminal
petition. Accordingly, the petition stands disposed for statistical
purpose.
SD/-
(M.NAGAPRASANNA)
JUDGE
PKS
List No.: 1 Sl No.: 252
NC: 2026:KHC:6379
WP No. 38550 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 38550 OF 2025 (GM-RES)
BETWEEN:
ARFAD
S/O. AYUB,
AGED ABOUT 28 YEARS,
RESIDING NEAR JUMMA MASJID,
MAVINAKATTE,
GULVADI VILLAGE,
KUNDAPURE TALUK,
UDUPI - 576 283.
…PETITIONER
(BY SRI. HALEEMA AMEEN, ADVOCATE)
AND:
Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA
1.
STATE OF KARNATAKA
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001
2. THE RANGE FOREST OFFICER
KUNDAPURA RANGE,
KUNDAPURA - 576 201
…RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
ORDER DECLARING SECTION 63 OF THE KARNATAKA FOREST
- 2 -
NC: 2026:KHC:6379
WP No. 38550 of 2025
HC-KAR
ACT 1963 AS ULTRA-VIRES, ARBITRARY AND VIOLATIVE OF
ARTICLE 14, 19 AND 21 OF THE CONSTITUTION OF INDIA,
AND REPUGNANT/CONTRARY TO THE PROVISIONS OF THE
CODE OF CRIMINAL PROCEDURE, 1973 AND BNSS 2023, OR
ALTERNATIVELY TO READ DOWN THE SAME TO THE
DISCRETION OF THE JURISDICTIONAL COURTS TO IMPOSE
SUITABLE/REASONABLE CONDITIONS AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
In the light of the Circular dated 10.02.2012, the writ
petition is not entertainable, but a criminal petition is.
Therefore, this petition shall be converted to that of criminal
petition. Accordingly, the petition stands disposed for statistical
purpose.
SD/-
(M.NAGAPRASANNA)
JUDGE
PKS
List No.: 1 Sl No.: 252