H.P. SANDESH, J.

1. Heard the arguments of the learned counsel appearing for the petitioners and the learned Government Pleader for the respondent-state.

2. The factual matrix of this case is that Station Officer, Bankapur Police Station, Tq: Shiggaon, Dist: Haveri, has registered the case in Crime No.77/2018 dated 28.03.2018 against the petitioners who have been arrived as accused Nos.1 and 2 for alleging that they have committed the offences punishable under Sections 4(1A) and 21 of Mines and Minerals (Regulation & Development) Act, 1957 (for short MMDR Act, 1957), Rules 31R, 13, 3(1), 42 of Karnataka Minor Mineral Concession Rules, 1994 (KMMC Rules 1994) and under Section 379 of IPC, on the basis of the complaint lodged by one Gajanan Raghunath Gaikwad, in-charge village accountant, Konanakeri.

3. The main contention of the petitioner in this case is that on the basis of the complaint annexed in Annexures- A and B complaint dated 28.03.2018 filed by the respondent No.2 is untenable in law and under Section 22 of MMDR Act, 1957 mandates that no Court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon complaint in writing m