IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Mr. JUSTICE JOHN MICHAEL CUNHA Crl.P. No. 8865/2016 BETWEEN :
Sri. Velu @ D. Velumurguan S/o. late S. Duraiswamy Aged about 45 years R/a. Vidyanagar, H.B. Road Heggadadevanakote – 571 114 Mysore Dist. … PETITIONER (By Sri. Vikas M., Adv. for Sri. Sachin B.S., Adv.) AND :
1. State of Karnataka By Benchanahalli Police Station, Mysore District Rep. by learned State Public Prosecutor High Court Building Bangalore – 560 001.
2. Senior Genealogist and Member Secretary District Sand Committee No. 4, Gaganachmbi Double Road Kuvempunagara Mysore – 570023. … RESPONDENTS (By Sri. I.S. Pramod Chandra, SPP-II) ---
This Crl.P. is filed under Section 482 Cr.P.C. with a prayer to quash the entire proceedings in Cr.No. 6/2015 on the file of Addl. Civil Judge and JMFC, HD Kote insofar as petitioner and etc.
This Crl.P. coming on for Admission this day, the Court passed the following;
O R D E R Heard learned counsel for the petitioner and the learned HCGP for respondent Nos. 1 and 2.
2. On the directions of the Deputy Commissioner, (respondent No. 2), Senior Genealogist and Member Secretary of District Sand Committee lodged an information before respondent No. 1 Police seeking action for illegal transportation of sand. Based on the said complaint, a case was registered in crime No. 6/2015 against the owner and driver of lorry bearing No. KA-45- 5706 and other lorry owners and drivers under Sections 4(1), 4(1A), 21(1), 21(4), 21(4A) of Mines and Minerals (Development and Regulation) Act, 1957 (“MMDR Act” for short), and Sections 42 and 44 of Karnataka Minor Mineral Consistent Rule 1994 and Section 379 IPC.
3. Learned counsel for the petitioner submits that there are absolutely no allegations whatsoever insofar as the petitioner herein is concerned, attracting the offence either under the provisions of MMDR Act or under the provisions of IPC. The petitioner is neither a driver nor owner of any of the lorries involved in the alleged offences. He is an authorized dealer of TVS motor company. The only allegation made against the petitioner in the remand application dated 10.11.2015 is that the petitioner herein was arrested at 09.30 am on 10.11.2015 at H.D. Kote town bus stand and that he assisted accused Nos. 1 and 3 in illegal transportation of sand. These allegations, in my view, do not fall within the ambit of any of the provisions under Section MMDR Act much less Section 379 of IPC.
4. There is a legal lacuna in the registration of the case in respect of the offences under the provisions of MMDR Act. It is now well settled by series of decisions rendered by this Court in Criminal Petition No. 4250/2018 dated 28.06.2018 relying on the proposition of law laid down in Sri Vivek and Another vs. The State of Karnataka by Kunigal Police Station, Tumkur District and Another in ILR 2018 Karnataka 1497, it is held that the police would not get any jurisdiction to register a case under section 154 of Cr.P.C. and investigate the matter and to file any report under section 173 of Cr.P.C. nor the courts have jurisdiction to receive such reports under section 173 of Cr.P.C., and to take cognizance for the offences punishable under the MMDR Act, in view of the specific bar under section 22 of MMDR Act, which contemplates a private complaint by the competent officer notified by the State Government or the Central Government. In above decision, it is made clear that the police have got power and jurisdiction to investigate the offence under Section 379 of Indian Penal Code.
5. In the instant case, it is not in dispute that the criminal process was set in motion by the Senior Genealogist and Member Secretary, District Sand Committee by lodging an information before the Bechanahalli Police Station, Mysore. In view of the law laid down in the above decision, initiation of the proceedings being illegal and in violation of the bar contained in section 22 of MMDR Act, the petition deserves to be allowed.
6. Accordingly, the petition is allowed. Proceedings in crime No. 6/2015 on the file of Addltional Civil Judge and JMFC, H.D. Kote are quashed only insofar as petitioner is concerned.
Sd/- JUDGE.
LRS.