IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION No.2845 OF 2019 (GM-RES) BETWEEN:
PARASHURAM LAXMAN KAMBLE, AGED ABOUT 45 YEARS, BASAVAJYOTI PETROLEUM, NATIONAL HIGHWAY NO.13, ILKAL ROAD, AMARAVATHI VILLAGE, HUNGUND TALUKA-582 101, BAGALKOT DISTRICT.
(BY SRI. R. G. KOLLE, ADV.,) ... PETITIONER AND:
1. STATE OF KARNATAKA, REP.BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE SECRETARY TO THE GOVT., DEPT.OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU-560 001 3. THE DIRECTOR & COMMISSIONER DMG, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
4. THE DEPUTY DIRECTOR & COMPETENT AUTHORITY, DEPT.OF MINES & GEOLOGY, CHAMARAJ NAGAR-571 313.
5. THE CHAIRMAN & DEPUTY COMMISSIONER, DISTRICT SAND MONITORING COMMITTEE, CHAMARAJ NAGAR-571 313.
6. THE CHAIRMAN & ASST. COMMISSIONER, TALUKA SAND MONITORING COMMITTEE, KOLLEGAL SUB-DIVISION, KOLLEGAL-571 440.
7. THE GEOLOGIST –MR. SUBRAMANYA, DEPT.OF MINES & GEOLOGY, CHAMARAJ NAGAR-573 313.
8. THE SHO & SUB-INSPECTOR OF POLICE, TOWN POLICE STATION, KOLLEGAL-571 440.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIA, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 READ WITH SEC.482 OF CR.P.C., 1973 PRAYING TO DIRECT TO QUASH OR SET ASIDE FIR REGISTERED BY R-8 IN CRIME NO.160/2018 DTD:13.4.2018 PRODUCED AT ANNEXURE-B ON THE FILE OF ADDL. CIVIL JUDGE [SR.DN] AND CJM COURT, KOLLEGALA, PURSUANT TO A COMPLAINT DTD:13.4.2018 FILED BY THE R-7 GEOLOGIST PRODUCED AT ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has sought for quashing of proceedings pending in C.C.No.29/2019 (arising out of Crime No.160/2018) registered by Kollegala Town Police Station for the offences punishable under Sections 4 (1), 4(1-A), 21 (1), 21 (2) and 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957, and under Sections 447 and 379 of IPC, on the file of Senior Civil Judge & JMFC., Kollegala.
2. It is alleged that petitioner had carried illegal quarrying activities outside the lease area. It is alleged in the complaint that though petitioner was granted Quarrying Lease to extract ordinary sand, over an area of 12.00 acres in Sy.No.347 of Hampapura village, Kollegal Taluk, Chamarajanagar District, he was illegally extracting and transporting 1,600 MT ordinary sand without obtaining order from the competent court. Petitioner has sought for quashing of said proceedings contending inter alia that for offences under Sections 21(1), 4, 4A of MMRD Act cognizance could not have been taken on the basis of a police report and private complaint ought to have been filed by the concerned authority as prescribed under Section 22 of the Act. It is also urged that cognizance for offences under Sections 447 and 379 IPC could not have been taken on the basis of police report. As such, it is prayed that proceedings pending in C.C.No.29/2019 (arising out of Crime No.160/2018) registered by Kollegala Town P.S., for the offences punishable under Sections 4 (1), 4(1-A), 21 (1), 21(2) and 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957, and under Sections 447 and 379 of IPC, on the file of Senior Civil Judge & JMFC., Kollegala be quashed.
3. Hon’ble Apex Court in the case of STATE OF NCT OF DELHI vs SANJAY AND OTHERS reported in AIR 2015 SC 75 has held where the offences are punishable under the M.M.R.D. Act and the Rules made thereunder, no Court can take cognizance of such offence unless an authorized officer files a complaint under Section 22 of the Act and in the event of cognizance having been taken on the basis of a Police report such proceedings cannot be continued as it would be an illegality. Hon’ble Apex Court has held that such proceedings are liable to be quashed, inasmuch as the accused cannot be made to face the ordeal of trial, since the jurisdictional Magistrate would have no power to take cognizance and convict the accused on the basis of a Police report.
4. Following the judgment of the Hon’ble Apex Court, Co-ordinate Benches of this Court has consistently held that proceedings initiated on the basis of a Police report for the offences punishable under the MMRD Act and the Rules made there under cannot be sustained and as such, has quashed the proceedings in W.P.No.54390/2017, Criminal Petition No.9358/2017 and Criminal Petition No.307/2018 disposed of on 01.02.2018, 04.12.2017 and 19.03.2018 respectively. As such, continuation of proceedings against the petitioner in the instant case for the offences punishable under the MMRD Act and the Rules made thereunder cannot be allowed to continue as it would be an abuse of process of law. However, liberty is to be reserved to the Department of Mines and Geology, Government of Karnataka, to initiate appropriate proceedings against petitioner in terms of Section 22 of the MMRD Act.
5. In the light of aforestated position of law laid down by the Hon’ble Apex Court continuation of proceedings insofar as offences under Section 21(1), 4, 4A of MMRD Act is concerned, it is liable to be quashed, since complaint is not filed by the concerned authority as prescribed under Section 22 of the Act. However, proceedings initiated against petitioner for the offences punishable under Indian Penal Code deserves to be continued and as such prayer sought for in that regard cannot be granted.
5. For the reasons aforestated, I proceed to pass the following:
ORDER (1) Criminal petition is allowed in part.
(2) Proceedings pending in C.C.No.29/2019 (arising out of Crime No.160/2018) registered by Kollegala Town Police Station for the offences punishable under Sections 4 (1), 4(1-A), 21 (1), 21 (2) and 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957, on the file of Senior Civil Judge & JMFC., Kollegala, is hereby quashed and petitioner is acquitted of said offences. The Department of Mines and Geology, Government of Karnataka, would be at liberty to initiate proceedings under the Act in the manner known to law as observed hereinabove.
(3) However, said proceedings pending against the petitioner for the offences punishable under Sections 447 and 379 of IPC shall be proceeded in accordance with law.
Np/-
SD/- JUDGE