IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO. 2786/2019 BETWEEN:
SMT. B.K.REKHA, W/O K.RAJU GOWDA, AGED 50 YEARS, NO.25, G.KEBBEHALLI, KEREGODU HOBLI, MANDYA TALUK, MANDYA DISTRICT – 572 103.
…PETITIONER (BY SRI. SHIVA KUMAR K.B., ADVOCATE) AND:
SRI.NAVEEN P.S., AGED 35 YEARS, GEOLOGIST, DEPARTMENT OF MINES & GEOLOGY, TUMKUR – 572 104.
(BY SRI.S.RACHAIAH, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN MATTER BEARING P.C.R.NO.37/2019 CURRENTLY RENUMBERED AS C.C.NO.135/2019 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., KUNIGAL, TUMAKURU WHEREIN THE PETITIONER HEREIN IS ARRAIGNED AS ACCUSED FOR THE OFFENCE P/U/S 21(1) OF M.M.R.D. ACT AND RULE 44 OF K.M.M.C. RULES.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Shiva Kumar K. B., learned counsel for the petitioner.
Sri. S. Rachaiah, learned High Court Government Pleader for respondent.
2. The petition is admitted for hearing. With the consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’ for short), the petitioner inter alia seeks for quashment of the proceedings registered as C.C.No.135/2019 pending on the file of the learned Principal Civil Judge and JMFC, Kunigal, Tumkur, by which the offence under Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 44 of the Karnataka Mines and Minerals Concession Rules, 1994 have been registered against the petitioner.
4. When the matter was taken up today, learned counsel for the petitioner jointly submitted that the controversy involved in the instant petition is squarely covered by the order dated 13.12.2017 passed by a bench of this Court in Crl.P.No.8234/2017.
5. In view of the aforesaid submission and for the reasons assigned by a Bench of this Court in the aforesaid order, the impugned proceedings insofar as it pertains to registration of offence under Rule 44 of the Karnataka Mines and Minerals Concession Rules, 1994 are hereby quashed. Needless to state that the petitioner shall be at liberty to file an application before the trial Court seeking compounding of offences as envisaged under Section 23-A of the Mines and Minerals (Development and Regulation) Act, 1957. If such an application is filed by the petitioner, the same shall be dealt with by the trial Court in accordance with law.
6. With the aforesaid observation, petition is disposed of.
Sd/- Judge VP