IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.3434 OF 2018 Between:
Muniraju S/o late Madappa, Aged about 48 years, Mahanthalingapura Village, Jigani Hobli, Anekal Taluk, Bengaluru – 562 106.
(By Sri.G.Arun, Advocate) And:
State by Jigani Police Station, Bengaluru – 562 106. (Represented by State Public Prosecutor, High Court Complex) (By Sri.R.D.Renukaradhya, HCGP) …Petitioner ...Respondent This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the charge sheet in C.C.No.1112/2015 (Cr.No.91/2015) for the alleged offence P/U/S 4(1A), 21(1) of M.M.R.D Act of respondent/Jigani Police Station which is on the file of Additional Civil Judge and JMFC, Anekal by allowing the above criminal petition.
This Criminal Petition is coming on for Admission, this day, the Court made the following:-
ORDER In the instant petition, the petitioner has prayed for the following reliefs:
‘Wherefore, it is humbly prayed that this Hon’ble Court be pleased to quash the charge-sheet in C.C.No.1112/2015 (Crime No.91/2015) for alleged offence under Sec.4(1A), 21(1) of MMDR (Mines and Minerals Regulation of Development) Act 1957 of respondent/Jigani Police Station which is on the file of Addl. Civil Judge & JMFC, Anekal by allowing the above Memorandum of Criminal Petition filed U/Sec.482 Cr.P.C and further be pleased to grant such other relief/relief’s as this Court deems fit, in the interest of justice.’ 2. The respondent-Police have registered a case in Crime No.91/2015 on 24.06.2015 for the alleged offence punishable under Sections 4(1A), 21(1) of Mines and Minerals Regulation of Development Act, 1957 (hereinafter referred to as ‘Act, 1957’ for short) based on a suo-moto complaint of the Police Sub-Inspector of respondent-Police Station.
3. On 04.07.2015, charge sheet is filed before the jurisdictional magistrate for the offence cited supra under the Act, 1957. Now the case is pending consideration for committal. In this background, the petitioner has assailed the impugned chargesheet.
4. Section 22 of the Act, 1957 contemplates that no Court shall take cognizance of any offence punishable under the aforesaid Act, 1957 or under Rules except upon a complaint in writing made by a person authorized by Central Government or State Government. Suo-moto complaint of the Sub-Inspector of the respondent-Police station, is undisputedly not by one of the authorized officer under Section 22 of the Act, 1957. The State counsel for respondent has not disputed the aforesaid position. Moreover, the present petition is covered by the decision of this Court in Criminal Petition No.4250/2018 dated 28.06.2018.
5. In view of the principles laid down read with non compliance of Section 22 of the Act, 1957 by the authorized officer, the proceedings initiated against the petitioner is to be set-aside.
6. Accordingly, the charge sheet in C.C.No.1112/2015 pending on the file of Additional Civil Judge and JMFC, Anekal is set-aside. Criminal Petition stands allowed.
In view of the disposal of the main petition, I.A.No.1/2018 does not survive for consideration. Accordingly, the same is disposed.
Sd/- JUDGE dn/-