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.1265/2019 BETWEEN:
SRI. SANTHOSH S/O SOMEGOWDA MAJOR, R/AT HENLI VILLAGE YESLUR HOBLI SAKALESHPURA TALUK HASSAN DISTRICT - 34.
(BY SRI PRATHEEP K C, ADVOCATE) AND:
STATE OF KARNATAKA REPRESENTED BY THE YESLURU POLICE STATION HASSAN DISTRICT - 573 201 REP. BY SPP.
HIGH COURT BUILDING BENGALURU (BY SRI NASRULLA KHAN, HCGP.) … PETITIONER … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN SO FAR AS PETITIONER IS CONCERNED IN CR.NO.182/2018 AND PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C., 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 petitioner submits that FIR No.182/2018 has been lodged on 19.11.2018 in Yesalur Police Station, by the Police Officer against the petitioner alleging commission of offences punishable under Rule 31(r) of the Karnataka Minor Mineral Concession Rules, 1994 (‘KMMC Rules’ for short), 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 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 petitioner has 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.182/2018 pending on the file of Civil Judge and JMFC, Sakaleshpura, are quashed in respect of offences punishable under Rule 31(r) of the KMMC Rules and Sections 4(1A) and 21 of MMDR Act, insofar 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