IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.972 OF 2019 BETWEEN:
SRI. SURESH POOJARY S/O RAMANNA POOJARY AGED 50 YEARS BURDU HOUSE BARIMARU VILLAGE BUNTWALA TALUK DAKSHINA KANNADA DISTRICT KARNATAKA-574 219 … PETITIONER (BY SHRI. M. VINOD KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REP BY BUNTWALA RURAL POLICE STATION BUNTWALA, DAKSHINA KANNADA KARNATAKA-574 219 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560 001 2. CIRCLE INSPECTOR OF POLICE BUNTWALA CIRCLE DAKSHINA KANNADA KARNATAKA-574 219 ... RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1461/2018 (CRIME NO.60/2017) OF BUNTWAL RURAL P.S, PENDING IN THE FILE OF THE CIVIL JUDGE (JR.DN) AND J.M.F.C., BUNTWALA D.K., FOR THE OFFENCE P/U/Ss 3(1), 42, 43, 44 OF KARNATAKA MINOR MINERAL CONCESSION RULE, U/S 21, 21(1)(1A) AND UNDER SECTION 379 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri M.Vinod Kumar, learned advocate for the petitioner submits that FIR No.60/2017 has been lodged on 17.03.2017 in Buntwala Rural Police Station, Dakshina Kannada, by the Circle Inspector against the petitioner alleging commission of offences punishable under Rules 3(1), 42, 43, 44 of the Karnataka Minor Mineral Concession Rules, 1994 (‘KMMC Rules’ for short; Sections 21, 21(1)(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 of 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 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 C.C.No.1461/2018 arising out of FIR No.60/2017 pending on the file of Civil Judge (Jr.Dn.) & JMFC, Buntwala, D.K., are quashed in respect of offences punishable under, Rules 3(1), 42, 43, 44 of KMMC Rules & Sections 21, 21(1)(1A) 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 AV