Officer takes 11 yrs to file charges, HC quashes case
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In 1998 seven persons were accused of hunting a sambar (kadave) in Someshwara wildlife division. Two of the accused have died since then. Recently, the high court quashed the case against the others, citing inordinate delay in filing the chargesheet and the failure of the lower court to act.
Two of the accused, Prakash Shetty and Itha Hairjana, having attended court proceedings for over 13 years, finally approached the high court, pleading that they are being subjected to unnecessary harassment due to the delay in submitting the charge sheet and the trial court delaying taking cognizance.
The forest officials took almost 11 years to file a chargesheet against the two who they accused of being present at the spot where 10 kg of sambar meat and other items like torch light cells, a torch, one iron sword and a plastic bottle and capes was recovered.
The advocate for the accused had argued that merely because items were found on the land belonging to Prakash Shetty, a case was made out against him. Moreover, the offences are not punishable with more than three years imprisonment, except for one charge that attracts seven years’ imprisonment. The State arguing before the high court said that Mr Shetty was not present at the spot and the alleged act of shooting the animal was by one Dayananda Poojari!
The high court after hearing both sides observed that the two have been unnecessarily harassed for almost 14 years. “Not only there was a delay of more than 11 years in submitting the charge sheet and even the trial court also did not act quickly, but has allowed the matter to remain in cold storage by adjourning the case from time to time for over two years and not even taking cognizance of the offence against the petitioners,” the court observed while quashing the FIR and the subsequent proceedings, including the charge sheet pending before the lower court.
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