1. The petitioners have approached this court for quashing of the proceedings pending before the Principal District and Sessions Judge, Tumakuru, in Special Case No.64/2017 registered for the offence punishable under section 379 of IPC; Rule 44(1) of the Karnataka Minor Mineral Concession Rules; Section 21(1) of the Mines and Minerals (Development and Regulations) Act; and Sections 3, 181, 192(A) and 196 of the Indian Motor Vehicles Act.

2. Before adverting to the grounds urged before this court by the learned counsel appearing for the petitioners, it is just and necessary to have a brief factual matrix of this case on which basis the charge sheet has been laid by the police before the Special Court.

3. The complainant Sri H. Jayanna, Police SubInspector (Respondent No.2 herein) received a credible information on 1/2.4.2015 regarding illegal transportation of sand while he was on night rounds. He also received information from his Official Superior i.e., Deputy Superintendent of Police, who inturn informed the complainant that some persons in order to stealthily make unlawful gain for themselves were transporting sand in Santhe Mavatthur, Kempanahalli, on the way to Bukkasagana, towards Kunigal. On the basis of such information, ASI Gangadaraiah went to that particular place along with his staff and was waiting there from 4.30 a.m. At about 5.30 a.m., they observed several lorries were coming from Santhe MavatthurAmruttur towards Kunigal. They stopped the said lorries on suspicion and found about three lorries were loaded with sand. Immediately, they caught hold of the driver of the lorry No.KA06/C8455 and ascertained his name and address and also ascertained information about other lorries and thereafter, they found that the sand was being stealthily taken from Kannanahalli Hobli and police found that those persons had committed offences. Thereafter, they came to the Police Station along with the lorries and registered a case in Crime No.91/2015 of Kunigal Police Station for the above said offences and after the investigation charge sheet has been laid before the learned JMFC and after committal to the Special Court i.e., Principal District and Sessions Judge, Tumakuru, a case is registered in Special Case No.64/2017.

4. The learned counsel for the petitioners has raised two important questions before this court. Firstly, he raised a question that even accepting that an offence under Section 379 of IPC and other offences under the IMV Act are committed, the police have not registered any case though they have specifically received a credible information with regard to commission of cognizable offences as per Section 154 of Cr.PC. Secondly, the Special Court has no jurisdiction to take cognizance and entertain the charge sheet u/s.173 of Cr.P.C. in view of the bar contained u/s.22 of the MMDR Act, 1957 and KMMC Rules, 1994. Therefore, on these grounds, the entire charge sheet deserves to be quashed.

FIRST POINT

5. The learned counsel for the petitioners has relied upon various rulings in this regard. Firstly, he has relied upon an unreported decision of this court rendered by me in Crl.P. No.7636 of 2016 between Kurubara Ningappa and State of Karnataka, wherein the learned counsel has drawn my attention to the view of this court, that without registering a case in respect of cognizable offences, no investigation can be done.

6. On careful perusal of the said order passed by me, the factual aspects of the said case is altogether different from the present case. In the said case, this court has categorically observed the factual aspects stating that on 17.7.2015, the Deputy Superintendent of Police received a credible information that within the jurisdiction of Davanagere Rural Police Station near Alur village, some persons were running stone quarry and they were using explosives like detonators, ammonium nitrate etc., for the purpose of exploding the stones without there being any authority, licence or permission from the Gove