IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.8991 OF 2018 BETWEEN:
Sri. Nagaraja, S/o. Mallanna, Aged about 42 years, R/at Jayanna Estate, Jonarhana Thota, Kogilu Crosss, Srinivasapura, Yalahanka Hobli, Bengaluru-560 064.
The Proprietor of M/s Lakshminarasimha Stone Crushers, Yalagalahalli Village, Mandikal Hobli, Chikkaballapura-561 209.
(By Sri. B.Anand, Advocate for Sri. N.Nagaraja, Advocate) AND:
1. State of Karnataka by Gudibande Police Station, Chikkaballapura-561 209 Represented by State Public Prosecutor, High Court Building, Bengaluru-560 001.
… Petitioner 2. Geologist, Department of Mines and Geology, Chikkaballapura-562 101 (By Sri. Vijayakumar Majage, Addl. SPP) … Respondents This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the FIR No.344/2017 dated 25.10.2017 along with the information dated 25.10.2017 registered with the respondent No.1 indicated for the alleged offence under Section 379 of IPC and Section 3(1) of Karnataka Regulation of Stone Crushers Act 2011 and Section 4(1), 4(1A) of Mines and Minerals Regulation of Development Act 1957 and Section 42 of Karnataka Minor Minerals Consistent Rule 1994 which is file of pending before the Principal Civil Judge (Jr.Dn) and JMFC, Gudibande, Chikkaballapur District.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri.B.Anand, learned counsel for Sri.N.Nagaraja, learned counsel for the petitioner.
Sri.Vijayakumar Majage, learned Additional State Public Prosecutor for respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short), the petitioner inter alia seeks quashment of FIR registered against the petitioner for the offence punishable under Section 379 of Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’ for short), under Section 3(1) of the Karnataka Regulation of Stone Crushers Act, 2011, under Sections 4(1A) and 4(1) of the Mines and Minerals Regulation of Development Act, 1957 and under Section 42 of the Karnataka Minor Mineral Consistent Rules, 1994, pending before the JMFC Court, Gudibande, Chikkaballapur District.
3. When the matter was taken up today, learned counsel for the parties jointly submit that the controversy involved in the instant petition is squarely covered by an order dated 20.06.2018 passed by a Bench of this Court in Crl.P.No.8768/2017.
4. In view of the aforesaid submission and for the reasons assigned in the aforesaid order, the FIR insofar as it pertains to offence punishable under Sections 4(1A) and 4(1) of the Mines and Minerals Regulation of Development Act, 1957 and Section 42 of the Karnataka Minor Mineral Consistent Rules, 1994, pending before the JMFC Court, Gudibande, Chikkaballapur District is hereby quashed.
5. Needless to state that the police authorities are at liberty to file appropriate report to the jurisdictional Magistrate insofar as it pertains to the remaining offences.
6. The State Government is also granted liberty to file a proper complaint, if so advised, by invoking the provisions of Section 22 of the Mines and Minerals Regulation of Development Act, 1957 and for the offences under the Karnataka Minor Mineral Consistent Rules, 1994.
7. Needless to state that with regard to remaining offences, the Magistrate will be at liberty to proceed against the petitioner, in accordance with law.
With the aforesaid directions, the petition is disposed of.
In view of the dismissal of the main petition, pending interlocutory application does not survive for consideration. Hence, dismissed.
Sd/- JUDGE dn/-