JUDGMENT :

1. This petition is by accused No.16 and 17 in Crime No.17/2015 (Spl.C.C.469/2016) for the offences punishable under Sections 379,409 and 420 r/w Section 120-B of IPC and Sections 21 and 23 r/w Section 4(1), 4(1A) of Mines and Minerals (Development and Regulation) Act, 1957 (for short 'M.M.D.R. Act') and Rules 165 and 144 of the Karnataka Forest Rules, 1969.

2. The allegation made against the petitioners as per the charge sheet is that accused No.16 - M/s Greentex Mining Industries Ltd., and Accused No.17 - the Managing Director of Accused No.16 sold 2000 MT of Iron Ore to M/s.Alphine International without prior valid permit and invoice and without payment of royalty illegally transported the same from the stock yard of Ashwathanarayana Singh to Starmill stock yard and thereafter to the Belikeri Port and caused loss of Rs.24,13,415/- to the State Exchequer and thereby committed the aforesaid offences.

3. The learned counsel for petitioners has raised the following contentions:

(i) The order of taking cognizance of the alleged offences is bad in law. It does not disclose application of mind by the learned Special Judge. Learned counsel has relied on the law laid down by the H