Nasari Naganna v. The Deputy Forest Range Officer

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.18009 of 2015 ORDER:

The grievance of the petitioners is that the first respondent registered a crime against them in F.O.No.247/2013-14, for the offences under Section 29(2)(b) of the A.P. Forest Act, Sections 27, 29 read with 51 of the Wild Life (Protection) Act, 1972 and Sections 3 and 4 of the BioDiversity Act, 2002, alleging that they have trespassed into the wild life protection area to cut bamboo and to transport by the vehicle belonging to the second petitioner. It is their case that, during September to November, 2013, several cases were registered against them and all cases were compounded. The petitioners filed the present Writ Petition challenging the action of the second respondent in not compounding the crime in F.O.No.247/2013-14 though it is a compoundable offence. Learned counsel for the petitioners submits that the offence is compoundable and though the second respondent compounded several offences against the petitioners, for the reasons best known to him, had not compounded the crime in F.O.No.247/2013-14.

In the circumstances, the Writ Petition is disposed of directing the second respondent to consider the case of the petitioners for compounding the crime in F.O.No.247/2013-14, if it is otherwise compoundable under the provisions of the relevant Acts.

The Writ Petition is, accordingly, disposed of. As a sequel thereto, miscellaneous applications, if any, also stand disposed of. No order as to costs.

_______________________________ A. RAMALINGESWARA RAO,J Date:14.07.2015 usd