IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1785/2019 BETWEEN:
SMT. SUGANDI D/O DORISWAMY MODALIAR AGED ABOUT 52 YEARS R/O #39-2, KENCHAPPA LAYOUT VINOBHANAGAR, SHIVAMOGGA.
(BY SRI. S.Y. SHIVALLI., ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA THROUGH ITS VINOBANAGAR POLICE, SHIVAMOGGA DISTRICT NOW REPTD., BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.
2. JYOTHI AGED MAJOR GEOLOGIST, OFFICE OF THE SENIOR GEOLOGIST MINERAL DIVISION ASSISTANT COMMISSIONERS BUILDING, SHIVAMOGGA - 577 201.
... RESPONDENTS (BY SRI. S. RACHAIAH., HGCP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.235/2018 BY THE VINOBANAGAR POLICE, SHIVAMOGGA SAME IS PENDING ON THE FILE OF THE III- JMFC, SHIVAMOGGA INSOFAR AS PETITIONER IS CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Second respondent- Geologist, Department of Mines and Geology (Mineral) lodged a complaint on 27.07.2018 against petitioner before Police Sub inspector, Vinobhanagar Police Station alleging that she along with her staff members on 26.07.2018 conducted a raid over land bearing Sy.No.76/1 of Gejjenahalli Village, Shivamogga Taluk and found illegal mining activities being carried out in said land and 18,410 Mt. stones have been extracted and transported from said land without paying royalty to the Government and thereby causing loss to the exchequer and petitioner had committed offence punishable under Rules 44(1) and 44(2) of Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as ‘KMMC Rules’ for short). It is also stated in the complaint that vehicle used for transporting along with illegally extracted stones came to be seize. Hence, second respondent sought for suitable action being taken against owner of the vehicle, owner of the land and licensee. The jurisdictional police registered said complaint in Cr.No.235/2018 before JMFC III Court, Shivamogga. Hence, for quashing of said proceedings petitioner is before this Court.
2. Based on the said complaint, the jurisdictional police have registered the FIR in Crime 235/2018 for the offences punishable under Section 379 & 420 IPC. Hence, for quashing of the said proceedings, petitioner is before this Court.
3. I have heard the arguments of Sri Shivalli, learned Advocate appearing for the petitioner and Sri Rachaiah learned HCGP appearing for the State. Perused the records.
4. It is the contention of Sri Shivalli, learned Advocate appearing for petitioner that present proceedings has been initiated to harass and to cause mental agony to the petitioner and to take revenge against the husband of the petitioner who is the office bearer of Shivamogga District Stone Crushers and Quarry Owners Association. He would also submit that the police have no authority or competency to investigate into the matters in respect of offences punishable under MMDR Act and KMMC Rules. He would submit that petitioner is in no way concerned to the alleged offence and without proper enquiry, a false case has been registered. Hence, he prays for quashing of the proceedings.
5. Per contra Sri. Rachaiah learned HCGP appearing for the State would submit that charge sheet has been filed for the offence punishable under Section 379 IPC only.
6. In the light of said submission made, as to whether the said offence is made out or not will have to be examined by the jurisdictional Magistrate only after trial. At this stage, question of quashing the proceedings on the premise that petitioner may not be convicted, would not be considered that too while considering the plea for quashing of the proceedings. The probable defence of the accused or there being no possibility of prosecution placing sufficient material during trial would also not be in the realm of consideration while considering such prayer.
In the light of aforestated discussion, I do not find any good ground to entertain this petition.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is hereby dismissed.
(ii) Jurisdictional Magistrate is directed to dispose of the matter in accordance with law.
(iii) All contentions of both parties are kept open and no opinion is expressed on the merits of the case.
SD/- JUDGE RU