Court rules forest officials lack jurisdiction for IPC investigations, but can proceed under Wild Life (Protection) Act, 1972.
In a significant judgment, the Telangana High Court has ruled that forest officials do not have the jurisdiction to investigate offences under the Indian Penal Code (IPC), quashing such proceedings against Mr. Kolichelimi Sai Rohit and five others. The court, however, upheld the continuation of proceedings under the Wild Life (Protection) Act, 1972.
The case stemmed from an incident on March 27, 2022, where the petitioners were accused of attacking a Forest Department personnel at the Mannanur Range, Nagarkurnool District, a Tiger Conservation Wildlife Protection Zone. The Preliminary Offence Report (POR) had charged them under both the IPC and the Wild Life (Protection) Act for assault and unauthorized entry into the protected area.
Justice J. Sreenivas Rao, presiding over the case, emphasized that forest officials are not classified as "police officers" under the Criminal Procedure Code, 1973. Consequently, they lack the authority to investigate or file charge-sheets for IPC offences. The court deemed the mixed investigation of Wild Life Act and IPC offences as legally impermissible, citing various precedents from the High Courts of Madhya Pradesh, Chhattisgarh, and Karnataka.
Counsel for the petitioners, Mr. Naraparaju Avaneesh, argued that the forest officials had exceeded their jurisdiction, and the IPC charges were unfounded. The Government Pleader for Forests contended that section 56 of the Wild Life (Protection) Act allows forest officials to investigate related offences, but the court found this interpretation flawed regarding IPC offences.
The judgment reiterated that forest officials could investigate offences under the Wild Life (Protection) Act due to statutory empowerment. However, for IPC offences, the proper course is filing a complaint with a Magistrate under Section 200 of the Cr.P.C., not conducting investigations or filing charge-sheets.
The court's decision highlights the procedural boundaries between forest officials and police, ensuring the correct application of law. While the IPC charges were dismissed, the petitioners still face proceedings under the Wild Life (Protection) Act. The ruling reflects a careful balance between enforcing wildlife protection laws and adhering to jurisdictional limits.
Bottom Line:
Forest officials are not police officers within the meaning of the Code of Criminal Procedure and are not empowered to investigate or file charge-sheets for offences under the Indian Penal Code (IPC). However, they are statutorily empowered to investigate offences under the Wild Life (Protection) Act, 1972 (WLP Act).
Statutory provision(s): Criminal Procedure Code, 1973; Wild Life (Protection) Act, 1972 Sections 27 and 56; Constitution of India, 1950 Article 226; Indian Penal Code Sections 351, 332, 333; Various High Court judgments on jurisdiction and investigation powers.
Mr. Kolichelimi Sai Rohit v. State of Telangana, (Telangana) : Law Finder Doc id # 2847430
