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2018 Supreme(Kar) 1140

K.N.PHANEENDRA
Varadaraju, S/o Munirangappa – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
For the Appellant : Sri. B. Anand, Adv. for Sri. Nagaraja N. Naidu, Adv.
For the Respondent: Sri. S. Rachaiah, HCGP

ORDER :

The petitioners have sought for quashing of the entire FIR in Crime No.303/2017 pending on the file of the Civil Judge and JMFC, Gudibande at Chikkaballapur District and further investigation by the Gudibande Police for the offences punishable under Section 379 of IPC, Section 3(1) of the Karnataka Regulation of Stone Crushers Act, 2011, Section 4(1), 4(1)(A) of the Mines and Minerals (Development and Regulation) Act,1957 and also under Section 42 of the Karnataka Mines and Mineral Consistent Rules, 1994.

2. On the information given by Mr. G.V. Sandeep Geologist attached to Mines and Geology Department, Chikkaballapur District, Respondent No.1Gudibande Police have registered a case in Crime No.303/2017, for the above said offences.

3. The brief allegations are that, the accused persons have been indulged in stone crushing business without any licence or permission from the competent authority and after crushing the stones, they were transporting the same in order to have wrongful gain. It is specifically alleged that on 20.09.2017 when the Geologist and others have visited the place called Chikkanagavalli, Yelagarahalli and Nanda Nagenahalli of Chikkaballapur Taluk, they found

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