IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3136 OF 2016 BETWEEN:
SRI. MEGHASHYAM SON OF H. KANTEERAVACHAR AGED ABOUT 48 YEARS RESIDING AT BUDAMARANAHALLI VILLAGE KORATAGERE TALUK TUMKUR DISTRICT – 572 129. ... PETITIONER (BY SRI. VENKATESHA C SHARMA, ADVOCATE) AND:
STATE OF KARNATAKA BY ITS KOLALA P.S. KORATAGERE CIRCLE TUMAKURU DISTRICT – 572 129. ... RESPONDENT (BY SRI. I.S. PRAMOD CHANDRA., SPP-II) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED IN CR.NO.25/2016, DATED 16.03.2016 AS PER ANNEXURE-E, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND J.M.F.C. AT KORATAGERE, TUMKUR DISTRICT.
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.25/2016 of Kolala Police Station registered for the offences punishable under Rules 44(6), 42(1) of the Karnataka Minor Mineral Concession Rules, 1994 (for short, ‘KMMC Rules), Sections 2, 21 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 SPP-II for respondent.
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, Kolala Police Station, Koratagere Taluk, Tumakuru, by lodging a complaint before the Kolala Police Station, Koratagere Taluk, Tumakuru. FIR was registered under section 154 of Cr.P.C., in Crime No.25/2016 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.25/2016 of Kolala Police Station, Koratagere Taluk, Tumakuru for the offences punishable under Rules 44(6), 42(1) of the Karnataka Minor Mineral Concession Rules, 1994, Sections 2, 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 379 of Indian Penal Code is quashed. It is made clear that respondent – Kolala 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