IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.6743/2018 BETWEEN:
SRI RAJASHEKHARAPPA S/O BASALINGAPPA AGED ABOUT 37 YEARS R/O. KATTALAGERE VILLAGE CHENNAGIRI TALUK DAVANAGERE DISTRICT – 577523 (BY SRI CHAKRAVARTHY T.S., ADVOCATE) AND:
THE STATE OF KARNATAKA BASAVAPATNA POLICE STATION BASAVAPATNA, CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577554 REPRESENTED BY ITS S.P.P. KARNATAKA HIGH COURT BUILDINGS HIGH COURT BENGALURU – 01 (BY SRI S. RACHAIAH, HCGP.) … PETITIONER … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.116/2018 (CRIME NO.100/2017) PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT CHANNAGIRI FOR THE OFFENCE PUNISHABLE UNDER SECTION 21 OF MMDR ACT AND SECTION 379 OF IPC WITH RESPECT OF THE PETITIONER.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri Chakravarthy T.S., learned advocate for petitioner submits that FIR No.100/2017 has been lodged on 24.07.2017 in Basavapatna Police Station, by the Police Officer against the petitioner alleging commission of offences punishable under Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act’ for short) and Section 379 of IPC, 1860. So far as the offence punishable under the provisions of MMDR Act are concerned, the authorities under the said Act ought to have filed a private complaint under Section 200 Cr.P.C. and registration of FIR is impermissible.
3. The submission of learned advocate for the petitioner 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 offence under the MMDR Act is 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 C.C.No.116/2018 (FIR No.100/2017) pending on the file of Senior Civil Judge and JMFC, Channagiri, are hereby quashed in respect of offences punishable under Section 21 of MMDR Act, so far as petitioner is concerned. It is made clear that offence punishable under Section 379 of IPC is not quashed.
6. Accordingly, petition is allowed in part.
No costs.
Sd/-
JUDGE nvj