IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.7598 OF 2018 BETWEEN:
1. SRI.PARTHA V.G., S/O GANGADHARAIAH, AGED ABOUT 33 YEARS, R/AT VEERASAGARA SAMPIGE POST, DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR – 572 225.
2. SRI.KANAKAMURTHY ALIAS KANAKAPPA, S/O SIDDAPPA, AGED ABOUT 27 YEARS, R/AT KEMPANAHALLI POST, DODDERI HOBLI, MADHUGIRI TALUK, KITTAGALI, KARPENAHALLI, TUMKUR – 572 112.
…PETITIONERS (BY SMT. POONAM D.N., ADVOCATE FOR SRI.SIDDHARATH B MUCHANDI, ADVOCATE) AND:
1. STATE OF KARNATAKA, BY KORA POLICE, TUMAKURU, REPRESENTED BY THE S.P.P., HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
2. LOKESH KUMAR G.N., SENIOR GEOLOGIST, MINES AND GEOLOGY DEPARTMENT, TUMAKURU – 572 102.
… RESPONDENTS (BY SMT. K.P.YASHODHA, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.46/2018 FOR THE ALLEGED OFFENCES P/U/RULE 42, 43, 44 OF K.M.M.C.R. AND SEC.21, 4(1), 4(1A) OF M.M.R.D ACT AND SEC.379 OF IPC PENDING BEFORE THE II ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC, TUMKURU DISTRICT AND ALL FURTHER PROCEEDINGS/CONSEQUENTIAL PROCEEDINGS THERETO.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Smt.Poonam D.N., learned advocate for the petitioners submits that FIR No.46/2018 has been lodged on 08.03.2018 in Kora Police Station, by the Senior Geologist of Mines and Geology Department, Tumkuru against the petitioners alleging commission of offences punishable under Rules 42, 43, 44 of the Karnataka Minor Mineral Concession Rules, 1994 (‘KMMC Rules’ for short; Sections 21, 4(1), 4(1A) of the Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act’ for short) 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 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, proceedings in FIR No.46/2018 pending on the file of II Additional Civil Judge (Jr.Dn.) and JMFC., Court, Tumkuru District, are quashed in respect of offences punishable under Rules 42, 43, 44 of the Karnataka Minor Mineral Concession Rules, 1994 and Sections 21, 4(1), 4(1A) of the Mines and Minerals (Regulation of Development) Act, 1957, so far as petitioners are concerned. It is made clear that offence punishable under Section 379 of IPC is not quashed.
6. Accordingly, petition is allowed in part.
7. In view of disposal of main petition, I.A.No.1/2018 does not survive for consideration and the same stands disposed of.
No costs.
Sd/-
JUDGE GH