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2017 Supreme(Kar) 1234

K.N.PHANEENDRA
Vivek S/o Krishnappa – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
For the Petitioners: Sri. Jayanna G.R., Adv
For the Respondents: Sri. S. Rachaiah., HCGP.

ORDER :

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 Bukkasagan














































































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