The petitioner is before this Court calling in question

proceedings

in

C.C.No.632/2014

registered

for

offences

punishable under Sections 42, 44 of the Karnataka Minor

Mineral Concession Rules, 1994 & Sections 4(1) , 4(1a) and 21 of

the Mines and Minerals (Development and Regulation) Act,

1957.

2.

Heard

Sri.Gopala

Gowda.H.K.,

learned

counsel

appearing for petitioner and Sri.B.J.Rohith, learned High Court

Government Pleader appearing for respondent.

3. The submissions made by the petitioner in the case at

hand is that the complainant after receiving the information of

commission of a cognizable offence by his informer has to

register an FIR and then move to the spot for investigation and

then record statements under Section 161 of the Cr.P.C. None

3

of these procedures have been followed. The other submission

that is made is that the criminal law should have been set in

motion by registration of a complaint before the jurisdictional

Magistrate and not an FIR as is done in the case at hand.

4. It is not in dispute that both the issues stand covered by

the judgment rendered by the Co-ordinate Bench of this Court in

the case of VIVEK VS. STATE OF KARNATAKA¹, wherein this

Court hold as follows:

“37. Before concluding even at the cost of

repetition, I, feel it just and necessary to summarize the

guidelines to be born in mind by the police, Magistrates

and the special Courts, and the same are briefly

enumerated hereunder.

GUIDELINES:

(1) The Special Court constituted under the MMDR Act,

has no jurisdiction to directly take cognizance of the

offences under the MMDR Act and KMMC Rules,

even along with any other penal offences unless the

case is committed by the jurisdictional Magistrate. It

is made clear that the Special Court has no

jurisdiction to receive a final report from the Police

u/s.173 of Cr.PC or to receive any private complaint

under the MMRD Act, directly from the authorized

officer and take cognizance of the offences either

under the MMRD Act or any other penal laws. If any

1 Crl.P.No.6279/2017 dated 15.11.2017

4

such complaint is erroneously received and pending,

the Special court has to follow the procedure as

contemplated under section 201 of Cr.PC. and

return the complaint for presentation to the proper

Court with an endorsement to that effect. Like wise

if any police report is received the same has to be

transferred to the jurisdictional Magistrate invoking

the provisions under section 228 (1) (a) of Cr.PC for

appropriate action.

(2) The Police cannot file a final report under section

173 of Cr.PC for the offences under the MMRD Act &

KMMC Rules either to the jurisdictional JMFC Court

or to the Special Court. However, they can file the

report for the offences under the IPC or any other

penal law for the time being in force before the

jurisdictional Magistrate.

(3) The jurisdictional Magistrate has no jurisdiction or

power to take cognizance for the offence punishable

under the MMDR Act & KMMC Rules on the basis of

any Police report u/s.173 of Cr.PC. However, if any

penal provisions under the IPC or any other penal

laws are available in the final report of the police, if

there is no other legal bar; the Magistrate can take

cognizance of such offences under the IPC or other

penal laws which he is empowered, except for the

offences under MMDR Act & KMMC Rules.

(4) A private complaint is only contemplated under the

MMDR Act & KMMC Rules and thus it has to be filed

u/s.22 of the Act by the competent authorized officer

under the MMRD Act & KMMC Rules. Even if other

offences under any other penal laws, are also

included along with offences under MMDR Act and

Rules, the jurisdictional Magistrate, has to take

cognizance of the offences under MMDR Act &

KMMC Rules only on the basis of the private

complaint even though other penal laws are also

invoked

by

the

authorized

officer

and

after

5

compliance of relevant provisions of Cr.PC, the

Magistrate has to commit the entire case to the

Special Court for trial.

(5) The Specia