01Facts
The petitioners filed five writ petitions under Articles 226 and 227 of the Constitution read with Section 482 of the Code of Criminal Procedure, seeking to quash forest-offence proceedings registered by the Range Forest Officer, Sakaleshpura, under the Karnataka Forest Act and the Forest (Conservation) Act, 1980.
pp. 1–10When the petitions came up for orders, the matter was passed over in the morning at the petitioners’ counsel’s request; counsel sought time again in the afternoon.
p. 1102Issues
i.Whether the petitions should be dismissed for non-prosecution after the petitioners sought further time despite having already been granted sufficient time.
p. 1103Law Applied
The Court applied no substantive rule concerning the Karnataka Forest Act, the Forest (Conservation) Act, 1980, or the petitioners’ requests for relief under Articles 226 and 227 of the Constitution and Section 482 of the Code of Criminal Procedure.
p. 11It made a procedural determination that the petitions could be dismissed for non-prosecution when sufficient time had already been granted and the petitioners again sought time.
p. 11Provisions in the judgment · 4 · Linked ones open on LawLens
Code of Criminal Procedure, 1973 Section 482
KARNATAKA FOREST ACT, 1963 Section 24Section 73
Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 Section 2
04Reasoning
The Court noted that the petitions had already been passed over at the petitioners’ request and that further time was sought in the afternoon.
p. 11Finding that sufficient time had already been granted, it declined to grant another adjournment and dismissed the petitions for non-prosecution.
p. 11The Court did not consider the merits of the challenges to the forest proceedings.
p. 1105Holding
The petitions were dismissed for non-prosecution because sufficient time had already been granted and the petitioners sought further time.
p. 11No substantive determination was made on the legality of the impugned forest-offence proceedings.
p. 11Original Court PDF
M/S. VISTARA HOSPITALITYvsTHE STATE OF KARNATAKA
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