IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.869 OF 2019 BETWEEN:
SRI NAGENDRA S/O PUTTAMADAIAH AGED ABOUT 35 YEARS RESIDING AT NO.31, HUNASURU VILLAGE T.NARASHIPURA TALUK MYSORE DISTRICT-570001 . . . PETITIONER (BY SRI SYED KHADER NAWAZ, ADVOCATE) AND:
STATE OF KARNATATKA REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001 (T.NARASIPURA POLICE STATION) . . . RESPONDENT (BY SRI R.D.RENUKARADHYA, HCGP) THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE FIR NO.59/2015 IN CR.NO.41/2015 (C.C.NO.123/2016) PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DN.) AND JMFC, T.NARASIPURA, MYSORE DISTRICT AND THE ORDER DATED 01.08.2015 IN CR.NO.41/2015 (C.C.NO.123/2016) TO BE QUASHED.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has prayed for the following reliefs:
i) Quash the FIR No.54/2015 in Crime No.41/2015 now C.C.No.123/2016 pending on the file of Senior Civil Judge (Sr.Dvn.) & JMFC Court, T.Narasipura, Mysore District.
ii) The order dated 01-08-2015 in Crime No.41/2015 now C.C.No.123/2016 pending before the Court of the Senior Civil Judge and JMFC the Senior Civil Judge and JMFC, T.Narasipura, Mysore District, may be quashed.
iii) Pass any other suitable order/s as this Hon’ble Court deems fit under the circumstances of the case, in the interest of justice and equity.
2. Perused the FIR for the offences under the Mines and Minerals (Development And Regulation) Act, 1957, read with the provisions of Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as ‘Act 1957’ and ‘Rules 1994’ for short) read with Section 379 of Indian Penal Code.
3. Jurisdictional Police Sub-Inspector has filed a complaint dated 14.02.2015 relating to unauthorised transporation of sand in the Trucks bearing registration Nos.AP-02/T-5139 and KA-01/AD-1591 and further to take action against the owner of the vehicle and the driver. Pursuant to the complaint dated 14.02.2015, FIR was registered on the same day. Under the Act 1957 read with Rules 1994, the competent authority to register complaint in respect of the offences under Act, 1957 and Rules 1994, would be the authorised Officer of the Government of a particular Department. Thus jurisdictional Police Sub-Inspector has no jurisdiction to register a complaint in respect of the offences under Rule 1994 read with Act 1957.
4. Accordingly, the petition stands allowed. In respect of the offence under Section 379 of IPC which is a compoundable offence, concerned authority is permitted to issue notice and take appropriate action for imposition of fine.
5. With the above observations, petition stands disposed of.
Sd/- JUDGE JT/-