IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9348 OF 2018 Between:
1. Sri.R.D.Rajanna, S/o.Sri Doddavenkataramanappa, Aged about 50 years, No.165, Ragihalli, Jigani Hobli, Anekal, Bengaluru Urban District-562 106.
2. Sri.R.D.Suresh, S/o.Sri Doddavenkataramanappa, Aged about 40 years, No.165, Ragihalli, Jigani Hobli, Anekal, Bengaluru Urban District-562 106.
3. Sri.R.D.Jagannath, S/o.Sri Doddavenkataramanappa, Aged about 46 years, No.03, Ragihalli, Jigani Hobli, Anekal, Bengaluru Urban District-562 106.
... Petitioners (By Sri.Ganapati Bhat Vajralli, Adv.,) And:
1. The State of Karnataka, Bannerghatta Police Station, Bannerghatta Road, Bengaluru District-560 083, Represented by its Public Prosecutor, High Court of Karnataka, High Court Building, Bengaluru-560 001.
2. Sri.T.Vijay Kumar, Forest Officer, Harohalli Forest Range, Harohalli Wildlife Division, Harohalli-562 112.
... Respondents (By Sri.S.Rachaiah, HCGP for R1) This Criminal Petition is filed u/s.482 of Cr.P.C., praying to quash the proceedings in C.C.No.497/2016, registered by the Bannerghatta Police Station, i.e., 1st respondent, offence alleged under Section 17 and 18(5) of KMMCR Act 1994 on the file of Additional Civil Judge and JMFC Court, at Anekal, Bengaluru Rural District.
This Petition coming on for Admission this day, the Court made the following:
ORDER Petitioners are before this Court for quashing of the proceedings pending in CC.No.497/2016 registered by Bannerghatta Police Station for the offence alleged under Sections 17 and 18(5) of Karnataka Mines Mineral Concession Rules Act, 1994 on the file of Additional Civil Judge and JMFC Court at Anekal, Bengaluru Rural District, Bengaluru.
2. A complaint came to be lodged by Forest Officer-respondent No.2 herein alleging on 26.10.2014 at about 9 am he had visited Survey No.69 and Survey No.10 of Shivanahalli Village, Jigani Hobli, Anekal Taluk, wherein petitioners are operating quarrying of building stones and said area has not been fenced, no name plate has been installed. On the basis of investigation conducted, charge-sheet came to be filed in CC.No.497/2016 for the aforesaid offences which are pending on the file of Additional Civil Judge and JMFC Court at Anekal, Bengaluru Rural District, Bengalur.
3. I have heard Sri.Ganapati Bhat Vajralli learned counsel appearing for petitioners and Sri.Rachaiah, learned HCGP appearing for respondent- State.
4. This Court is of the considered view that proceedings initiated against petitioners which are now pending on the file of Additional Civil Judge and JMFC Court at Anekal, Bengaluru, would not be maintainable in the light of bar contained under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957. This view is also supported by the dictum of Hon’ble Supreme Court in the case of State of NCT of Delhi V/s.Sanjay reported in AIR 2015 SP 75. Hence, proceedings pending against petitioners is liable to be quashed.
5. In the light of the aforesaid discussion, I proceed to pass the following:-
ORDER i) Criminal petition is allowed.
ii) Proceedings pending against petitioners in CC.No.497/2016 on the file of Additional Civil Judge and JMFC Court at Anekal, Bengaluru Rural District, Bengaluru is hereby quashed. Petitioners are acquitted of aforesaid offences.
iii) However, it is made clear that competent Officer as prescribed under Section 22 of the MMDR Act, would be at liberty to file a complaint before the jurisdictional Court, if so advised against petitioners for the offences alleged to have been committed by the petitioner as stated hereinabove.
In view of disposal of main petition, IA.No.1/2018 for stay, does not survive for consideration and accordingly, disposed of.
SD/- JUDGE SB