IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.238/2019 BETWEEN:
1. SRI SANNASWAMY @ DIKSHITH S/O HONNAIAH, AGED ABOUT 38 YEARS, R/AT NETTEKERE VILLAGE, BELUR TALUK, HASSAN DISTRICT-34.
2. KUMARA B M @ KUMAR B M S/O MURUGESH, AGED ABOUT 31 YEARS, R/AT NEHRU NAGAR, BELUR TOWN, HASSAN DISTRICT-34.
3. DINESH @ DINESH S/O VENKATESH, AGED ABOUT 21 YEARS, R/AT SOMPURA VILLAGE, SAKALESHPURA, HASSAN DISTRICT-34.
4. GURUMURTHY @ GURUMURTHY S/O SAGANAIAH, AGED ABOUT 32 YEARS, R/AT MALENAHALLY VILLAGE, BELUR TALUK, HASSAN DISTRICT-34 5. SURESH @ SURESH S/O THIMMAIAH, AGED ABOUT 26 YEARS, R/AT MALENAHALLY VILLAGE, BELUR TALUK, HASSAN DISTRICT-34.
6. SOMEGOWDA @ SOMEGOWDA S/O GIDDEGOWDA, AGED ABOUT 45 YEARS, R/AT SUGGALUR VILLAGE, BELUR TALUK, HASSAN DISTRICT-34.
7. PRASANNA @ PRASANNA S/O LATE GURUVEGOWDA, AGED ABOUT 32 YEARS, R/AT J P NAGAR, BELUR TOWN, HASSAN DISTRICT-34 8. KARUNASAGARA @ KARUNASAGARA S/O CHANNABASAVEGOWDA, AGED ABOUT 40 YEARS, R/AT HONNENAHALLY VILLAGE, BELUR TALUK, HASSAN DISTRICT-34 (BY SRI PRATHEEP K C, ADVOCATE) AND:
STATE OF KARNATAKA REPRESENTED BY THE SAKALESHPURA TOWN POLICE STATION, HASSAN DISTRICT-573201 REP. BY SPP.
HIGH COURT BUILDING, BENGALURU-01 (BY SRI NASRULLA KHAN, HCGP.) … PETITIONERS … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON'BLE COURT TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.76/2017, U/S 379 OF IPC AND U/S 4(1A) AND 21 OF MMDR ACT, IN SAKALLESHPURA TOWN POLICE STATION, AND PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT SAKALESHPURA ETC.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri. Pratheep K.C., learned advocate for the petitioners submits that FIR No.105/2016 has been lodged on 26.03.2016 in Sakaleshpura Town Police Station, by the Police Officer against the petitioners alleging commission of offences punishable under Sections 4(1A) and 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 offences punishable under the provisions of MMDR Act are concerned, the authorities under the said 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.105/2016 pending on the file of Senior Civil Judge and JMFC, Sakaleshpura, Hassan, are quashed in respect of offences punishable under Sections 4(1A) and 21 of MMDR Act, insofar 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.
No costs.
Sd/-
JUDGE nvj