IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4142 OF 2012 BETWEEN:
VINOD GOEL AGED ABOUT 51 YEARS S/O MADANLAL GOEL #408, XII MAIN, RMV EXTN. SADASHIVANAGAR BENGALURU-560 080 … PETITIONER (BY SHRI M. VINAYA KEERTHY, ADVOCATE) AND:
1. STATE OF KARNATAKA BY TIPTUR RURAL POLICE, TIPTUR TUMAKURU DISTRICT 2. DY. DIRECTOR DEPT. OF MINES & GEOLOGY GANDHINAGARA, TUMAKURU ... RESPONDENTS (BY SHRI NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C. NO.309/2009 BEFORE THE CIVIL JUDGE (JR. DN.) AND J.M.F.C., TIPTUR.
THIS CRIMINAL PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri M. Vinaya Keerthy, learned advocate for the petitioner submits that FIR No.169/2008 has been lodged on 22.09.2008 in Tiptur Rural Police Station, by the Deputy Director, Mines and Geology Department, against the petitioner alleging commission of offences punishable under Sections 4(1), 4(1)(A) and 21(1 to 6) of the Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act’ for short) and Section 379 of IPC, 1860.
3. On 09.03.2009, police have filed the charge sheet for the offences punishable under Section 379 of IPC read with Sections 4(1) and 21(1 to 6) of MMDR Act, 1957. Learned Magistrate by order dated 13.05.2009, has taken cognizance of the offences punishable under the provisions of MMDR Act.
4. Learned advocate for the petitioner further submits that so far as the offences punishable under the provisions of MMDR Act are concerned, the authorities under the said Act have to file a private complaint under Section 200 Cr.P.C., and registration of FIR is impermissible.
5. The submission of learned advocate for the petitioner is not disputed by the learned HCGP.
6. This Court has taken a consistent view that registration of FIR is not permissible in respect of offences under the 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)].
7. In the circumstances, following the said decision, proceedings in C.C.No.309/2009 arising out of FIR No.169/2008 pending on the file of Civil Judge (Jr. Dn.) and JMFC, Tiptur, are quashed in respect of offences punishable under Sections 4(1), 4(1)(A) and 21(1 to 6) of the MMDR Act, so far as petitioner is concerned. It is made clear that offence punishable under Section 379 of IPC is not quashed.
8. Accordingly, petition is allowed in part.
9. In view of disposal of the petition, I.A.No.1/2012 does not survive for consideration and the same stands disposed of.
No costs.
Sd/-
JUDGE AV