IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST 2019 BEFORE THE HON'BLE Mr. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.9589 OF 2018 BETWEEN:
BASAPPA S/O BASAVARAJAPPA AGED ABOUT 40 YEARS RESIDING AT GOULERAHALLI VILLAGE HARAPANAHALLI TALUK DAVANAGERE, PIN- 574 101 … PETITIONER (By SHRI. K. LAKSHMIKANTH, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ARASIKERE POLICE STATION HARAPPANAHALLI TALUK DAVANAGERE DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-01 2. PRASAD THAN THE SUB INSPECTOR OF POLICE ARASIKERE POLICE STATION HARAPPANAHALLI TALUK DAVANAGERE DISTRICT PIN-571411 … RESPONDENTS (BY SHRI. S. RACHAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.NO.638/2018, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HARAPPANAHALLI.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri K.Lakshmikanth, learned advocate for the petitioner submits that FIR No.18/2018 has been lodged on 29.01.2018 in Arasikere Police Station, Davanagere, by the Sub-Inspector of Police against the petitioner alleging commission of offences punishable under Rules 41(1) & 41(2) of the Karnataka Minor Mineral Concession Rules, 1994 (‘KMMC Rules’ for short) and Section 379 of IPC, 1860. So far as the offences punishable under the provisions of KMMC Rules are concerned, the authorities under the said Rules have to file a private complaint under Section 200 of Cr.P.C. and registration of FIR is impermissible. After investigation, police have filed chargesheet against the petitioner for commission of offences punishable under Section 379 of IPC, Rules 44(1) & 44(2) of KMMC Rules and Sections 52 & 177 of Indian Motor Vehicles Act, 1988 in C.C.No.638/2018 before Principal Civil Judge (Jr.Dn.) & JMFC, Harapanahalli, Davanagere.
3. The submission of learned advocate for the petitioner is not disputed by the learned HCGP.
4. This Court has taken a consistent view that registration of FIR is not permissible in respect of offences under the KMMC Rules is concerned. [See Saiyed Jiyaulla and others Vs. State of Karnataka and another (Crl.P.No.4250/2018 decided on 28.06.2018) ].
5. In the circumstances, following the said decision, proceedings in C.C.No.638/2018 arising out of FIR No.18/2018 registered in Arasikere Police Station, pending on the file of Principal Civil Judge (Jr.Dn.) & JMFC, Harapanahalli, Davanagere, are quashed in respect of offences punishable under Rules 44(1) & 44(2) of KMMC Rules, so far as petitioner is concerned. It is made clear that offence punishable under Section 379 of IPC and Sections 52 & 177 of Indian Motor Vehicles Act, 1988, are not quashed.
6. Accordingly, petition is allowed in part.
No costs.
Sd/- JUDGE RS/*