IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7387 OF 2015 BETWEEN:
MR D KANTHA S/O LATE DASA SHETTY AGED ABOUT 55 YEARS, ’USHA KIRAN NILAYA’ AZAD NAGAR, KANAKAPURA TALUK, RAMANAGARA DISTRICT.
... PETITIONER (BY SRI: L M CHIDANANDAYYA, ADVOCATE) AND:
STATE OF KARNATAKA REPRESENTED BY RANGE FOREST OFFICER KANAKAPURA TALUK, RAMANAGARA DISTRICT.
... RESPONDENT (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.No.230/2008 ON THE FILE OF CIVIL JUDGE (JUNIOR DIVISION) AND J.M.F.C. KANAKAPURA, VIDE ANNEXURE-‘A’ FILED FOR THE OFFENCES PUNISHABLE UNDER SECTION 144 OF THE KARNATAKA FOREST ACT AND SECTION 21(1) OF THE MINOR MINERAL (DEVELOPMENT AND REGULATION) ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner and learned Additional SPP for respondent.
2. The primary contention urged by the petitioner is that charge sheet filed under sections 21[1], 21[4], 4[1][1-A] of the Minor Mineral [Development & Regulation] Act, 1957 [‘Act’, for short], is without jurisdiction and ultra vires the power conferred on the respondent. It is submitted that in case of offence under the provisions of MMDR Act, only the officer authorized under the provisions of the MMRD Act alone is entitled to file a complaint under section 22 of the Act. Hence, respondent had no jurisdiction to investigate into the alleged offences.
3. Learned counsel for the petitioner has placed reliance on the order passed by this Court in Criminal Petition No.4250/2018 dated 28.06.2018 wherein relying on the proposition of law laid down in Sri Vivek and Another vs. The State of Karnataka by Kunigal Police Station, Tumkur District and Another in ILR 2018 Karnataka 1497, it is held that the police would not get any jurisdiction to register a case under section 154 of Cr.P.C. and investigate the matter and to file any report under section 173 of Cr.P.C. nor the courts have jurisdiction to receive such reports under section 173 of Cr.P.C., and to take cognizance for the offences punishable under the MMDR Act in view of the specific bar under section 22 of MMDR Act, which contemplates a private complaint by the competent officer notified by the State Government or the Central Government. In above decision, it is made clear that the police have got power and jurisdiction to investigate the offence under Section 379 of Indian Penal Code.
4. Hence, petition is allowed.
5. Proceedings pending against petitioner in C.C. No.238/2008 are hereby quashed.
Liberty is reserved to Forest Officer as well as Authorized Officers under the MMDR Act to proceed against the petitioner in accordance with law.
Sd/- JUDGE AN/-