IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.7278 OF 2018 BETWEEN:
SMT. SUNEETHA D/O. SRI. JAYKUMAR, AGED ABOUT 53 YEARS, R/AT NO. 48, 2ND MAIN ROAD, LAZAR LAYOUT, FRAZER TOWN, BENGALURU-560 005. ... PETITIONER (BY SHRI GANAPATI BHAT VAJRALLI, ADVOCATE) AND 1. THE STATE OF KARNATAKA BANNERGHATTA POLICE STATION, BANNERGHATTA ROAD, BENGALURU DISTRICT-560 083, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560 001.
2. SRI. K. P. CHIDAMBARA S/O. SRI. PARASHIVA MURTHY, AGED ABOUT 40 YEARS, GEOLOGIST AND MEMBER OF SECRETARY, GOVERNMENT OFFICIAL NON-GAZETTED, MINES AND GEOLOGY DEPARTMENT, ANEKAL TALUK TASK FORCE COMMITTEE (GANI), SENIOR GEOLOGIST OFFICE, MINES AND GEOLOGY DEPARTMENT, BENGALURU DISTRICT-560 001. ... RESPONDENTS (BY SHRI S.RACHAIAH, HCGP FOR R1 & R2) CRL.P FILED U/S.482 CR.P.C TO QUASH THE CRIME/FIR NO.71/2018 ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT, AT ANEKAL, BENGALURU RURAL DISTRICT.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri Ganapati Bhat Vajralli, learned advocate for the petitioner submits that FIR No.71/2018 has been lodged on 26.03.2018 in Bannerghatta Police Station, by respondent No.2 against the petitioner alleging commission of offences punishable under Rules 42, 3, 44, 43 of the Karnataka Minor Mineral Concessions Rules, 1994 (‘KMMC Rules’ for short; Sections 4(1), 4(1A), 22 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 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.71/2018 registered in Bannerghatta Police Station, pending on the file of Additional Civil Judge (Jr.Dn.) & JMFC, Anekal, are quashed in respect of offences punishable under Rules 42, 3, 44, 43 of the Karnataka Minor Mineral Concessions Rules, 1994 and Sections 4(1), 4(1A), 22 of the Mines and Minerals (Regulation of Development) Act, 1957, 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 Yn.