IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4193 OF 2016 BETWEEN:
NANJEGOWDA S/O. LATE SHANKAREGOWDA, AGED ABOUT 70 YEARS, RESIDING AT KANNEGALA VILLAGE, SANTHEMARAHALLI HOBLI, CHAMARAJANAGAR TALUK AND DISTRICT-571313.
... PETITIONER (BY SMT: SUMATHI.S. ADVOCATE FOR SRI: SURYA PRAKASH A M, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY SANTHEMARAHALLI POLICE STATION, CHAMARAJANAGAR, REP. BY SPP, AMBEDKAR VEEDHI, HIGH COURT BUILDING, BANGALORE-560 001.
2. DEEPAK L MAJOR, POLICE SUB-INSPECTOR, SANTHEMARAHALLI P.S., CHAMARAJANAGAR-571313.
... RESPONDENTS (BY SRI: NASRULLA KHAN, HCGP FOR R1) ---
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN SO FAR AS THE PETR. IN CR. NO.36/2016 PENDING ON THE FILE OF THE PRL. DIST. AND S.J., CHAMARAJANAGAR FOR THE OFFENCES U/S 21(4), 21(4A) OF THE MINES AND MINERALS ACT 1957, SEC.31(R) OF K.M.M.C.R. ACT 1994 R/W SEC.379 OF IPC, BY ALLOWING THIS PETITION.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner has sought to quash the FIR in Crime.No.36/2016 of Santhemarahalli Police Station registered for the offences punishable under Rule 31(r) of the Karnataka Minor Mineral Concession Rules, 1994 (for short, ‘KMMC Rules), Sections 21(4), 21(4A) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, ‘MMDR Act’) and Section 379 of Indian Penal Code.
2. Heard the learned counsel for the petitioner and the learned HCGP for respondent No.1.
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 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. In the instant case, it is not in dispute that the criminal process was set in motion by the Police Officer, Santhemarahalli Police Station, Chamarajanagara by lodging a complaint before the Santhemarahalli Police Station, Chamarajanagara. FIR was registered under section 154 of Cr.P.C., in Crime No.36/2016 for the above offences. Investigation is in progress. In view of the law laid down in the above decision, initiation of the proceedings being illegal and in violation of the bar contained in section 22 of MMDR Act, the petition deserves to be partly allowed.
Accordingly, the petition is allowed-in-part. F.I.R in Crime No.36/2016 of Santhemarahalli Police Station, Chamarajanagara for the offences punishable Rule 31(r) of the Karnataka Minor Mineral Concession Rules, 1994, Sections 21(4), 21(4A) of the Mines and Minerals (Development and Regulation) Act, 1957 is quashed. It is made clear that respondent No.1– Santhemarahalli Police are at liberty to proceed with the investigation in so far as the offences under Section 379 of Indian Penal Code is concerned and file appropriate report to the jurisdictional court.
In view of disposal of the main matter, the application-IA No.1/2016 filed for stay does not survive for consideration. Accordingly, the same stands disposed of.
Sd/- JUDGE Bss