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2018 Supreme(Kar) 212

K.N.PHANEENDRA
Tarannum Banu, W/o Saleem Basha K. – Appellant
Versus
State of Karnataka, Rep. by Its Chief Secretary, Vidhan Soudha, Bengaluru – Respondent


Advocates Appeared:
For the Petitioner: Sri. R.G. Kolle
For the Respondents: Sri. S. Rachaiah

ORDER :

In this petition, the petitioner has sought for quashing of a criminal case in C.C. No. 452/2017 pending on the file of the Civil Judge and JMFC, Harappanahalli for the offences punishable under Sections 4(1) and 21 of Mines and Minerals (Development and Regulation) Act, 1957 (for short, ‘MMDR Act) and Section 192(A)(1) of the Karnataka Land Revenue Act, 1964 (for short, KLR Act).

2. The allegations in the charge sheet are quite relevant to be quoted for disposal of this case. The charge sheet has been laid making allegations that, the petitioner, without any licence or permission from the Government encroaching the lands of the Government and also doing mining operation in his Patta land and as well as in the encroached land belonged to the Government, particularly in Sy. No. 429/A measuring 1.77 guntas of Madapura village and also in 0.81 acre of Government land and further in Sy. No. 429/B measuring 4.32 guntas of land belonging to the accused/petitioner. In the said lands the petitioner has been doing mining operation viz., stone crushing for the purpose of wrongful gain without obtaining any licence or permission from the Government. The offences under Section 4(1) and 2













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