IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION No.46008 OF 2018 (GM-RES) BETWEEN:
M NATESH S/O LATE MUNISWAMIGOUDA R/AT MEDAHALLI VILLAGE DEVANAGUNDI POST-560 067 HOSAKOTE TALUKA BENGALURU RURAL DISTRICT ... PETITIONER (BY R.G.KOLLE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU BEGALURU-560 001.
2. THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA BENGALURU-560 001.
3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
4. THE DEPUTY DIRECTOR & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY, HOSAKOTE TALUKA, HOSKOTE-562 114 BENGALURU RURAL DISTRICT.
5. THE GEOLOGIST (MINES) DEPARTMENT OF MINES & GEOLOGY, HOSAKOTE TALUKA, HOSKOTE-562 114 BENGALURU RURAL DISTRICT.
6. THE SHO & POLICE SUB INSPECTOR ANUGONDANAHALLI POLICE STATION, HOSKOTE TALUKA-560 067 BENGALURU RURAL DISTRICT. ... RESPONDENTS (BY SHRI CHANDRASHEKARAIAH.S., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE CC NO.1043/2016 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, HOSAKOTE PRODUCED AT ANNEXURE-D, UPON A CHARGE SHEET DTD:28.03.2016 FILED BY R-6 PSI/SHO/IO PRODUCED AT ANNEXURE-A, PURSUANT TO A COMPLAINT DTD:14.7.2015 FILED BY R-5 GEOLOGIST PRODUCED AT ANNEXURE-B PURSUANT TO ANUGONDANAHALLI PS CR.68/2015.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri R.G.Kolle, learned advocate for the petitioner submits that FIR No.68/2015 has been lodged on 14.07.2016 in Anugondanahalli Police Station, by the Geologist against the petitioner alleging commission of offences punishable under Rule 44 of the Karnataka Minor Mineral Concessions Rules, 1994 (‘KMMC Rules’ for short); Section 16 of the Karnataka Regulation of Stone Crusher Act, 2011 (‘KRSC Act’ for short) and Section 420 of IPC. So far as offences punishable under the provisions of KMMC Rules and KRSC Act are concerned, the authorities under the said Rules and Act have to file a private complaint under Section 200 Cr.P.C. and registration of FIR is impermissible.
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 punishable under the KMMC Rules are 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.1043/2016 pending on the file of Principal Civil Judge & JMFC, Hosakote, are quashed in respect of offence punishable under Rule 44 of the Karnataka Minor Mineral Concessions Rules, 1994 and Section 16 of the Karnataka Regulation of Stone Crusher Act, 2011, so far as petitioner is concerned. It is made clear that offence punishable under Section 420 of IPC is not quashed.
6. Accordingly, petition is allowed in part.
No costs.
r Sd/- JUDGE Yn.