IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.104 OF 2019 BETWEEN:
1. MR.RAJAPPA S/O BARANAPPA AGED ABOUT 48 YEARS R/AT MYLASANDRA DINNE VADDARAPALYA, BEGURU HOBLI BENGALURU SOUTH TLAUK BENGALURU – 560 076.
2. MR.JAN @ POUL RAJ S/O BHOJAPPA AGED ABOUT 30 YEARS R/AT NO.114, MYLASANDRA BEGUR HOBLI BENGALURU SOUTH TLAUK BENGALURU – 560 078.
3. MR.NAGA S/O RAJANNA AGED ABOUT 31 YEARS R/AT MYLASANDRA VILLAGE BEGURU HOBLI BENGALURU SOUTH TLAUK BENGALURU – 560 076. ... PETITIONERS (BY SRI.R.V.SHIVANANDA REDDY, ADVOCATE) AND:
STATE OF KARNATAKA BY BANNERGHATTA POLICE REPTD BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001. ... RESPONDENT (BY SRI.S.CHANDRASHEKARAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.1825/2016 (CR.NO.93/2016 BANNERGHATTA POLICE) PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL FOR THE OFFENCES P/U/S 4, 21 OF MMRD ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri.R.V.Shivananda Reddy, learned advocate for the petitioners and Shri.S.Chandrashekaraiah, learned HCGP for the State.
2. Shri.Shivananda Reddy, learned advocate for the petitioners submits that FIR No.93/2016 has been lodged on 03.06.2016 in Bannerghatta Police Station, by Sri.S.T.Murali, Police Officer against the petitioners alleging commission of offences punishable under Sections 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act’ for short). So far as the offences punishable under the provisions of MMDR Act are concerned, the authorities under the said Act have to file a private complaint under Section 200 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 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, proceedings in CC No.1825/2016 (FIR No.93/2016) pending on the file of Additional Civil Judge & JMFC., Anekal are quashed in respect of offences punishable under Sections 4 and 21 of the Mines and Minerals (Regulation of Development) Act, 1957, so far as petitioners are concerned.
Accordingly, petition is allowed.
No costs.
Sd/- JUDGE Prs*