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