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2019 Supreme(Kar) 140

P.G.M.PATIL
Shivkumar – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
Sandeep Vijaykumar Patil, Adv., Mallikarjun Sahukar, Adv.

JUDGMENT :

P.G.M. PATIL, J.

1. This writ petition is filed under Article 226 and 227 of Constitution of India R/w Section 482 of Code of Criminal Procedure to quash the order dated 28.01.2019 passed in Spl. Case (MMDR) No.928/2018 on the file of Principal District and Sessions Judge, Bidar and further to modify the order dated 13.12.2018 passed in said case by relaxing condition to furnish bank guarantee for Rs.6,00,000/-.

2. The facts leading to filing of this writ petition are as follows:

The petitioner is the owner and driver of the lorry bearing registration No.KA-38-5040, and carrying business of transportation. On 24.09.2018 respondent No.2 filed a private compliant under Section 200 of Cr.PC before the Principal District and Sessions Judge Bidar, against the petitioner and others for the alleged offences punishable under Section 3(1), 42, 43, 44 and 31(R) 13 of KMMC Rules and Section 4(1), 4(1)(A) of Mines and Minerals (Development and Regulation) Act. It is alleged in the complaint that on 03.06.2018 the Tahsildar Bidar informed her that the petitioner is illegally conducting mining operations in Sy.No.205/5 of Sikindrapur village and exporting literite stones. Therefore, respo





































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