IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA W.P. No.53919/2017 (GM-RES) BETWEEN ASHOK KUMAR SHETTY, S/O LATE ANANDA SHETTY, AGED ABOUT 32 YEARS, R/ AT SHANTHIGIRI HOUSE, TENKAMIJARU GRAMA, MANGALOOR 574 227 ... PETITIONER (BY SRI. DHANANJAY KUMAR, ADV.) AND 1. STATE OF KARNATAKA, REP. BY VENOOR POLICE, BELTHANGADI- 574 201.
D. K. DISTTRICT, REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU 560 001.
2. B. K. MOORTHY, AGED ABOUT 35 YEARS, DEPARTMENT OF MINES AND GEOLOGY, MANGALURU TALUK, D.K.DISTRICT 575 001. ... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1 & R-2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC.482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.145/2017 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSION COURT, D.K., MANGALURU IN CRIME NO.82/2016 REGISTERED BY THE VENOOR POLICE AS AGAINST THE PETITIONER FOR OFFENCES PUNISHABLE UNDER SECTIONS 36, 42, 44, OF MMRD ACT AND KMMC RULES 1994 OF SECTIONS 21[4], 21[4A] 4, 4[1A] OF MINES AND MINERAL REGULATION OF DEVELOPMENT ACT AND SECTION 379 OF IPC VIDE ANNEXURE-A.
THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for Respondent No.1 & 2-State. Perused the records.
2. The main ground urged by the learned counsel for the petitioner is that the Principal Sessions and Special Judge, D.K., Mangaluru, has no jurisdiction to entertain the charge sheet and to take cognizance of the offences punishable under Rules 36, 42 and 44 of Mines and Minerals (Regulation and Development Act) for short, ‘MMRD Act) and and Karnataka Mines and Minerals Concession Rules, 1994 (for short, ‘KMMC Rules’) and Sections 21(4), 21(4A), 4, 4(1A) of MMRD Act, 1957, unless there is a private complaint filed by the authorized officer in view of the bar under Section 22 of the MMRD Act.
3. At this stage, it is appropriate to reproduce Section-22 of the MMRD Act, 1957, which reads as under:-
Sec. 22: Cognizance of offences- No court shall take cognizance of any offence punishable under this Act or any Rules made hereunder except upon complaint in writing made by a person authorized in this behalf by the Central Government or the State Government.”
4. On a careful perusal of the materials on record it is noticed that, Belthangadi Police have submitted a charge sheet before the Special Court viz., Principal Sessions and Special Judge, D.K., Mangaluru, for the offence punishable under Section 379 of IPC and also under the provisions as noted under MMRD Act and KMMC Rules. The Special Court gets no jurisdiction to take cognizance directly of any offences under the MMRD Act and also the Rules framed thereunder or even under Section 379 of IPC.
5. Section 22 of the MMRD Act says that, the Special Officer authorized by the Court is only entitled to file a complaint under Section 2(d) of Cr.P.C. and also r/w. Section 200 of Cr.P.C.. However, there is no bar for the police to file charge sheet for the offences punishable under Sections 378 & 379 of IPC and the learned Magistrate to consider the said offences, if any charge sheet is filed under the said provisions.
6. Under the said circumstances, cognizance taken by the Special Court for the above said offences is bad in law under Section 190 and also under Section 22 of the MMRD Act. Therefore, the said proceedings deserve to be quashed. However, liberty is given to the Respondents-State to file a complaint through authorized officer and to submit appropriate charge sheet before the jurisdictional Magistrate, if law permits.
7. With the above observations, the petition is allowed. The entire proceedings in C.C. No.145/2017 in connection with Crime No.82/2017 of Venoor Police Station, Belthangai Circle, registered for the above said offences and pending on the file of the Principal District and Sessions Court, D.K., Mangaluru (Special Court), is hereby quashed.
The special court shall return the charge sheet papers to the Investigating Agency for presentation of the same before the proper Jurisdictional Court.
Sd/-
JUDGE KGR*