IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6964 OF 2015 BETWEEN:-
1. Narayanappa @ Narayana, S/o. late Huchappa, Aged about 47 years, R/at Ramanagara Colony, Baragenahalli Post- 562 111. Sompura Hobli, Nelamangala Taluk, Bangalore Rural Dist.
2. Ghouse Peer ‘ S/o. Pyarejan, Aged about 52 years, R/at.6/1, 1st ‘A’ Cross Ramath Nagar, R.T. Nagar, Bangalore – 560 032.
Owner of Lorry Bearing No.KA-52-6915 3. Shree Earth Movers, Rep.by M.S. Suresh S/o. Late Shama Rao Aged about 50 years, R/at No.961, 27th ‘A’ Main Road, 9th Block, Jayanagara, Bangalore – 560 068.
(Owner of vehicle Hitachi- No.20015378) 4. Arun Kumar, S/o. Ramaiah, Aged about 24 years, R/at Maruthi Nagar, Near HMS College, Shettyhalli Road, Opp.to Vidya Motors, Tumkur.
(Owner of Hero Honda Bearing Regn.No.KA-06 EH-5760) ... Petitioners (Ms. R. Haritha for Mr. Parashuram R. Hattarakihal, Adv.) AND The Station House Officer, Dobbospete Police Station, Nelamangala Taluk, Bangalore Rural District, Pin – 562 111.
... Respondent (By Mr. I.S. Pramod Chandra, SPP-II ) *** This Criminal Petition is filed under Section 482 Crl.P.C. praying to quash the FIR dated 4.10.2015 filed by the respondent Police in Crime No.266/2015 on the file of the Prl.Civil Judge and JMFC, Nelamanagala for the alleged offences under Rules 42, 43 44(1)(2), 3(1) of Karnataka Mines and Minerals (Concession) Rules, 1994 and under Section 4(1), 4(1)(A) and 21 of the Mines and Minerals (Development & Regulations), 1957 r/w. 379 of IPC against the petitioners, etc.
This Criminal Petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioners have sought to quash the FIR dated 04/10/2015 filed by the Respondent - Police in Crime No.266/2015 on the file of the Prl.Civil Judge and JMFC, Nelamanagala for the alleged offences under Sections 42, 43, 44 (1) (2), 3(1) of Karnataka Minor Mineral (Concession) Rules, 1994 and under Sections 4(1), 4(1)(A) and 21 of the Mines and Minerals (Development and Regulation), Act, 1957 r/w. Section 379 of IPC.
2. Heard the learned counsel for the petitioners and the learned SPP-II for Respondent.
3. Learned counsel for the petitioners 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 Mines and Minerals (Development and Regulation) Act, 1957 (“MMDR Act” for short), 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 the 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 Station House Officer, who registered a suo-motu complaint against the petitioners in Dobbaspete Police Station, Nelamangala Circle. FIR was registered under section 154 of Cr.P.C., in Crime No.266/2015 for the above offences. During the course of investigation, the vehicle was seized. 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 the MMDR Act, the petition deserves to be partly allowed.
5. Accordingly, the petition is partly allowed.
Registration of case in Crime No.266/2015 of Dobbaspete Police Station, Nelamangala Circle for the offences punishable under Rules 42, 43, 44 (1)(2), 3(1) of the Karnataka Minor Minerals (Concession) Rules, 1994 and Sections 4(1), 4(1-A), & 21 of the Mines and Minerals (Development and Regulations), Act, 1957 is quashed. It is made clear that the Respondent – Dobbospete Police are at liberty to proceed with the investigation in so far as the offence under Section 379 of Indian Penal Code is concerned and file appropriate Report to the jurisdictional Court.
Sd/- JUDGE BMV*