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HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR - J
SRI PRANAV S KODGI – Appellant
Versus
THE STATE BY GEOLOGIST, MINES AND MINERALS DEPARTMENT – Respondent
| Table of Content |
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| 1. the court's examination of the initial complaint and circumstances surrounding the jurisdiction of the magistrate. (Para 2) |
| 2. arguments presented regarding the jurisdictional authority and lack of incriminating evidence. (Para 4 , 5) |
| 3. the court's critique of the magistrate's order as vague and lacking reasoning. (Para 6 , 7) |
ORAL ORDER
B) Award costs of this petition, and C) Pass any other appropriate relief as this Hon'ble Court deems fit in the facts and circumstances of the case."
4. learned counsel for the petitioner submits that the learned Magistrate did not have jurisdiction or power or authority of law to take cognizance of the offences as against the petitioner since it is only the Special Court headed by a District and Sessions Judge, who had the power and jurisdiction to take cognizance of the alleged offences. It is also submitted that apart from the fact that the petitioner was merely putting up a structure to his property, so as to prevent soil erosion, there were no mining activities carried on by the petitioner on the subject land and the impugned complaint does not contain the requisite ingredients so as to incriminate the petitioner for the allege
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