The petitioner calls in question the proceedings in C.C.No.1208/2011 registered for offences punishable under Rules 3(1), 42, 43, 44(1) & (2) of the Karnataka Minor Mineral Concession Rules, 1994 and Sections 4(1), 4(1A), 21 of the Mines and Minerals (Development and Regulation) Act, 1957 (for short 8the Act9).

2. Heard Sri H.L.Jayaramu, learned counsel for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader for respondent No.1.

3. The learned counsel appearing for the petitioner would contend that the issue stands covered by the judgment rendered 3 by a Co-ordinate bench of this Court in the case of SRI VIVEK AND ANOTHER VS. THE STATE OF KARNATAKA AND ANOTHER reported in ILR 2018 KAR 1497.

4. The learned High Court Government Pleader would not dispute the position of law.

5. Though the charge sheet is of the year 2011, since the very order taking of cognizance being contrary to the statute and it cutting to the root of the matter, I deem it appropriate to entertain the petition and follow the judgment of the Co-ordinate Bench and grant the relief that the Co-ordinate Bench has granted in the afore-quoted judgment.

6. This Court in VIVEK (supra) has held as fol