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2020 Supreme(Kar) 1580

JOHN MICHAEL CUNHA
Jeer Jambanna – Appellant
Versus
State Of Karnataka – Respondent


Advocates Appeared:
Ravi L Vaidya, Advocate, Venkatesh S Arbatti, Advocate, B.S. Prasad, Advocate

JUDGMENT

John Michael Cunha, J. - These petitions are filed by Accused Nos.13, 14, 15, 16 and 17 respectively seeking to quash the proceedings initiated against them in Spl. Case No.534/2016 arising out of Crime No.5/2015 for the alleged offences punishable under Sections 379, 409, 420, 471 read with 120(B) of IPC and Sections 21 and 23 read with 4(1)(A) of Mines and Minerals (Development and Regulation) Act, 1957 (for short, MMDR Act ) and Rules 165 read with 144 of the Karnataka Forest Rules, 1969 (for short, Forest Rules ). Accused No.13 is the Company by name ILC Industries Limited. Accused No.14 is the Managing Director of the company (A13).

2. The case of the prosecution is that Accused No.13-M/s. ILC Industries Limited between 01.01.2009 and 31.05.2010, sold 25000 Metric Tons of Iron Ore to M/s. Priyanka Agencies without valid permit and without proper invoice and out of the said quantity 11901 Metric Tons was stolen by Accused No.13 from somewhere and the same was sold to M/s. Frost International Limited through M/s. Priyanka Agencies without valid permit and without payment of royalty and thereby caused loss of Rs.1,41,36,139/- to the State Exchequer and thereby committed t

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