The petitioner being the accused in Crime No. 303 of 2005 of Gadigenur Police Station, Sandur- Taluk, which is registered for the offences punishable under Sections 420 and 379 of Indian Penal Code, 1860 read with Section 4(1-A) of Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as 'MMRD Act' for short), has sought for quashing the proceedings pending before the Court below by filing this petition.

2. The records disclose that the petitioner is the owner of the land in question, and has dug and extracted ore from his land and stored the ore in his land near Ubbalagundi Village. According to the prosecution, the petitioner wanted to stealthily transport the ore without the licence or permit of the State Government. It is not in dispute that the petitioner has not obtained any licence or permit as required under the law for extracting and transporting the minerals. Hence, the charge-sheet is filed against him for the offences punishable under Sections 420 and 379 of IPC read with Section 4(1-A) of MMRD Act.

2-A. Sri S.G. Rajendra Reddy, learned Counsel appearing for the petitioner contends; firstly, that the crime will not fall under Sections