IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.7685 OF 2017 C/w CRIMINAL PETITIONS No.7686/2017, 7684/2017 & 7605/2017 IN CRIMINAL PETITION NO.7685/2017 BETWEEN:
1. PRASHANTHA S/O OMKARAPPA GOWDA AGED ABOUT 35 YEARS 2. SWAMY S/O OF KALLAPPA AGED ABOUT 28 YEARS 3. DINESH GOWDA S/O UMPATHI GOWDA AGED ABOUT 36 YEARS 4. HARISH GOWDA S/O UMPATHI GOWDA AGED ABOUT 32 YEARS ALL ARE RESIDING AT HALUSALE MALAVALLIL HARIDRAVATI, KEREHALLIL POST HOASANAGARA TALUK-577418 SHIVAMOGGA DISTRICT ... PETITIONERS (BY SHRI. PRUTHVI WODEYAR, ADVOCATE) AND:
STATE OF KARNATAKA POLICE SUB INSPECTOR ANAVATTI POLICE STATION SORABA TALUK SHIVAMOGGA DISTRICT REPRESENTED BY S.P.P. HIGH COURT BUILDING BANGALORE – 01 ... RESPONDENT (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ENTIRE PROCEEDINGS IN C.R.NO.170/2017 (CR.NO.222/2017) PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, SORABA, SHIVMOGGA DISTRICT AGAINST THE PEITIONERS HEREIN FOR THE OFFENCES P/U/Ss 379, 420 OF IPC AND SECTIONS 21(1)(1A) OF MINES AND MINERALS DEVELOPMENT REGULATION ACT AND RULES 42, 44 OF KARNATAKA MINOR MINERAL CONCESSION RULES.
IN CRIMINAL PETITION NO.7686/2017 BETWEEN:
1. DINESH S/O UMAPATHI GOWDA AGED ABOUT 34 YEARS 2. HARISHA S/O UMAPTHI GOWDA AGED ABOUT 32 YEARS BOTH ARE RESIDING AT HALUSALE MALAVALLIL HARIDRAVATI, KEREHALLIL POST HOASANAGARA TALUK-577418 SHIVAMOGGA DISTRICT ... PETITIONERS (BY SHRI. PRUTHVI WODEYAR, ADVOCATE) AND:
STATE OF KARNATAKA POLICE SUB INSPECTOR HOSANAGARA HOSANAGARA TALUK-577 418 SHIVAMOGGA DISTRICT REPRESENTED BY S.P.P.
HIGH COURT BUILDING BANGALORE. ... RESPONDENT (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.261/2017 (CR.NO.102/2017) PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., HOSANAGARA, SHIMOGA AGAINST THE PETITIONERS HEREIN FOR THE OFFENCE P/U/S 379 OF IPC AND SECTION 21(1)(1A) OF M.M.R.D. ACT AND RULES 42, 43, 44 OF K.M.M.C. RULES AND UNDER SECTION 31R(13) OF KARNATAKA NEW SAND POLICE, 2011.
IN CRIMINAL PETITION NO.7684/2017 BETWEEN:
PRASHANTHA S/O OMKARAPPA GOWDA HALUSALE MALAVALLI HARIDRAVATI, KEREHALLI POST HOASANAGARA TALUK-577 418 SHIVAMOGGA DISTRICT ... PETITIONER (BY SHRI. PRUTHVI WODEYAR, ADVOCATE) AND:
STATE OF KARNATAKA POLICE SUB INSPECTOR HOSANAGARA HOSANAGARA TALUK-577 418 SHIVAMOGGA DISTRICT REPRESENTED BY S.P.P.
HIGH COURT BUILDING BANGALORE-01 ... RESPONDENT (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.R.NO.242/2017 (CRIME NO.84/2017) PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. COURT AT HOSANAGARA, SHIMOGA DISTRICT AGAINST THE PETITIONERS HEREIN FOR THE OFFENCES P/U/S 379 OF IPC, U/S 21(1) (1A) OF MINES AND MINERALS REGULATION OF DEVELOPMENT ACT 1957, UNDER RULES 42, 43, 44 KARNATAKA MINOR MINERAL CONCESSION RULES, 1994 AND U/S 31R(13) OF KARNATAKA NEW SAND POLICY, 2011.
IN CRIMINAL PETITION NO.7605/2017 BETWEEN:
DINESH GOWDA S/O UMPATHI GOWDA AGED ABOUT 36 YEARS AGRICULTURIST HALUSALE MALAVALLI HARIDRAVATI, KEREHALLI POST HOSANAGAR TALUK-577 418 SHIVAMOGGA DISTRICT ... PETITIONER (BY SHRI. PRUTHVI WODEYAR, ADVOCATE) AND:
STATE OF KARNATAKA POLICE SUB INSPECTOR HOSANAGARA HOSANAGARA TALUK-577 418 SHIVAMOGGA DISTRICT REPRESENTED BY S.P.P.
HIGH COURT BUILDING BANGALORE-01 ... RESPONDENT (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ENTIRE PROCEEDINGS IN C.R.NO.241/2017 (CR.NO.83/2017) PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, HOSANAGARA, SHIVMOGGA DISTRICT AGAINST THE PEITIONERS HEREIN FOR THE OFFENCES P/U/S 379 OF IPC AND SECTION 21(1)(1A) OF MINES AND MINERALS DEVELOPMENT REGULATION ACT AND RULES 42, 43, 44 OF KARNATAKA MINOR MINERAL CONCESSION RULES AND SECTION 31R(13) OF KARNATAKA NEWS AND POLICY, 2011.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri Pruthvi Wodeyar, learned advocate for the petitioners submits that:
FIR No.222/2017 in Crl.P.No.7685/2017 has been lodged on 16.08.2017 in Anavatti Police Station, by the Police Officer against the petitioners alleging commission of offences punishable under Rules 42 & 44 of the Karnataka Minor Mineral Concessions Rules, 1994 (‘KMMC Rules’ for short); Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act’ for short) and Sections 379 & 420 of IPC, 1860;
FIR No.102/2017 in Crl.P.No.7686/2017 has been lodged on 16.06.2017 in Hosanagara Police Station, by the Police Officer against the petitioners alleging commission of offences punishable under Rules 42, 43 & 44 of the KMMC Rules; Section 21(1)(1A) of the MMDR Act; Section 31R(13) of the Karnataka New Sand Policy, 2011 (‘KNSP’ for short) and Section 379 of IPC, 1860;
FIR No.84/2017 in Crl.P.No.7684/2017 has been lodged on 05.06.2017 in Hosanagara Police Station, by the Police Inspector against the petitioners alleging commission of offences punishable under Rules 42, 43 & 44 of the KMMC Rules; Section 21(1)(1A) of the MMDR Act; Section 31R(13) of the KNSP and Section 379 of IPC, 1860; and FIR No.83/2017 in Crl.P.No.7605/2017 has been lodged on 05.06.2017 in Hosanagara Police Station, by the Police Inspector against the petitioners alleging commission of offences punishable under Rules 42, 43 & 44 of the KMMC Rules; Sections 21(1)(1A) of the MMDR Act; Section 31R(13) of the KNSP and Section 379 of IPC, 1860.
So far as the offences punishable under the provisions of KMMC Rules and MMDR Act are concerned, the authorities under the said Rules and Act have to file a private complaint under Section 200 of Cr.P.C. and registration of FIR is impermissible.
3. The submission of learned advocate for the petitioners 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 under the KMMC Rules and MMDR Act 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, entire proceedings in;
(a) C.R.No.170/2017 (FIR No.222/2017) pending on the file of Senior Civil Judge & JMFC, Soraba;
(b) C.R.No.261/2017 (FIR No.102/2017) pending on the file of Principal Civil Judge & JMFC, Hosanagara;
(c) C.R.No.242/2017 (FIR No.84/2017) pending on the file of Principal Civil Judge & JMFC, Hosanagara; and (d) C.R.No.241/2017 (FIR No.83/2017) pending on the file of Principal Civil Judge & JMFC, Hosanagara, are quashed in respect of offences punishable under KMMC Rules and MMDR Act, so far as petitioners are concerned. It is made clear that offences punishable under Section 31R(13) of KNSP and Sections 379 & 420 of IPC are not quashed.
6. Accordingly, these petitions are allowed in part.
7. In view of disposal of these petitions, all pending interlocutary applications do not survive for consideration and they stand disposed of.
No costs.
Sd/- JUDGE AV