IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4083 OF 2019 BETWEEN:
1. K. SUNDAR BABU S/O LATE KRISHNA REDDY AGED ABOUT 54 YEARS RESIDING AT KRISHNA REDDY INDUSTRIAL AREA, KUDULU GATE 7TH MAIN ROAD, HOSUR ROAD BOMMANAHALLI BANGALORE-560 068 2. K. ASHOKA S/O LATE G. KRISHNASWAMY NAIDU AGED ABOUT 59 YEARS NO.90, BANNERGHATTA JIGANI HOBLI, ANEKAL BANGALORE-560 083 3. M. NAGABUSHAN S/O A. MUNI REDDY AGED ABOUT 54 YEARS NO.6/4,HOGGSANDRA BEGUR MAIN ROAD BANGALORE … PETITIONERS (BY SHRI. L.M. CHIDANANDAYYA, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY INSPECTOR OF POLICE, BANNERGHATTA POLICE STATION, ANEKAL TALUK BANGALORE-560 083 REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING BANGALORE-560 001 2. FOREST OFFICER HAROHALLI, FOREST RANGE HAROHALLI WILD LIFE DIVISION HAROHALLI-562 112 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.497/2016 FILED UNDER THE PROVISIONS OF RULE 17 AND RULE 18(5) OF THE KARNATAKA MINOR MINERAL CONCESSION RULE ACT 1994 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Range Forest Officer filed a complaint before the Station House Officer on 27.10.2014 alleging violation of Rules 17, 18(5) of Karnataka Minor Mineral Concession Rules, 1994 (‘KMMC Rules’ for short). Accordingly, FIR No.210/2014 has been registered in Bannerghatta Police Station. After investigation, police have filed charge sheet alleging violation of Rules 17 and 18(5) of KMMC Rules.
2. Shri L.M.Chidanandayya, learned advocate for the petitioners submits that FIR was registered against seven accused and charge sheet has been filed against them. Accused Nos.4, 6 and 7 approached this Court in Crl.P.No.9348/2019. This Court by order dated 28th March 2019 has quashed the proceedings against the said accused by recording that the proceedings initiated against accused are not maintainable in the light of the bar contained in Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957. Following the judgment of the Hon’ble Supreme Court in the case of NCT of Delhi Vs. Sanjay (AIR 2015 SP 75), this Court has held that proceedings against the petitioners therein would not be maintainable. This petition is presented against accused Nos.1, 3 and 5. Accordingly, he prays that the proceedings against the petitioners may also be quashed on the ground of parity.
3. Learned HCGP does not dispute the facts stated by the learned advocate for the petitioner.
4. I have carefully considered the rival submissions and perused the records.
5. This Court in Crl.P.No.9348/2018 has recorded thus:
“4. This Court is of the considered view that proceedings initiated against petitioners which are now pending on the file of Additional Civil Judge and JMFC Court at Anekal, Bengaluru, would not be maintainable in the light of bar contained under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957. This view is also supported by the dictum of Hon’ble Supreme Court in the case of State of NCT of Delhi V/s.Sanjay reported in AIR 2015 SP 75. Hence, proceedings pending against petitioners is liable to be quashed.”
6. In the light of the order passed by this Court in Crl.P.No.9348/2019, continuation of proceedings against the petitioners who are co-accused amounts to abuse of process of law. Resultantly, this petition merits consideration and it is accordingly allowed. All proceedings in C.C.No.497/2016 pending on the file of Additional Civil Judge & JMFC, Anekal, are quashed so far as petitioners are concerned.
7. In view of disposal of the petition, I.A.No.1/2019 does not survive for consideration and the same is disposed of.
No costs.
Sd/- JUDGE Yn.