Heard

Sri.Srinand

A

Pachhapure,

learned

counsel for the petitioner, Sri.Vijay M Malali, learned

counsel for respondent No.2 and Sri.Ramesh Chigari,

learned High Court Government Pleader for respondent

No.1-State.

Though this petition is listed for admission, with

the consent of the parties, it is taken up for final disposal.

3.

The present petition is filed under Section 482

of Cr.P.C. with the following prayer:

<To quash the entire proceedings in C.C.No.

2136/2017 pending on the file of Court of Prl Civil

Judge and JMFC, Athani registered for the alleged

offences punishable under Sections 143, 147,

148,201, 324, 354, 379, 447, 427 and 506 R/w

Section 149 of IPC Section 4(1A) 21 R/w 22 of

- 3 -

MMRD Act and Rule 44 of KMMC Rules 1994 order

sheet

marked

at

Annexure-A

insofar

as

petitioner/accused No.6 is concerned.=

4.

Brief facts of the case are as under:

A private complaint came to be filed by a private

person against the petitioner and others which was

registered by Athani Police in Crime No.3/2016 for the

offences punishable under Sections 143, 147, 148, 201,

324, 354, 379, 447, 427 and 506 read with Section 149 of

IPC and Sections 4(1A), 21 read with Section 22 of MMRD

Act, 1957 and Rule 44 of KMMC Rules, 1994. Thereafter,

the matter was investigated by the police and charge

sheet came to be filed including the petitioner.

Learned Magistrate took cognizance and issued

summons. The said order is under challenge in this

petition.

5.

Reiterating the grounds urged in the petition,

the principal contention on behalf of the petitioner is that a

complaint under Sections 4(1A), 21 read with 22 of MMRD

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Act and Rule 44 of KMMC Rules cannot be filed by a

private person and it should be by the authorized officer

from the Mines and Geology Department and therefore,

the very registration of the case for the aforesaid offences,

further investigation and filing of charge sheet is per se

illegal and therefore, sought for allowing the petition.

6.

Per contra, Sri.Vijay M Malali supported the

impugned order, so also learned High Court Government

Pleader.

7.

Perused the materials on record meticulously in

view of the rival contentions of the parties.

8.

The complaint averments reveal that the

petitioner and others have illegally stolen the sand stored

in the agricultural land of respondent No.2 in January-

March, 2015 and ultimately a complaint came to be lodged

by respondent No.2 on 01.01.2016, which was registered

by Athani police in Crime No.3/2016 for the aforesaid

offences.

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9.

Admittedly, a complaint is to be filed in respect

of offences punishable under the provisions of MMRD Act

by the authorized person from the Mines and Geology

Department. In other words, private complaint filed by a

private party to take action or for that matter even police

Sub-Inspector to take action under the provisions of

MMRD Act is not maintainable.

10. Without verification of these aspects of the

matter, the Athani Police without examining the said

position of law, not only registered the case in Crime

No.3/2016, but also investigated and filed charge sheet.

11. The learned Magistrate without even looking

into relevant legal provisions blindly and mechanically took

cognizance of the aforesaid offences and proceeded with

the case which is now pending in C.C.No.2136/2017 on

the file of Principal Civil Judge and Judicial Magistrate First

Class, Athani.

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12. Registration of the case, investigation thereof

and taking cognizance of the offences in pursuance of the

charge sheet filed by Athani Police thus has resulted in

abuse of process of law, which requires interference by

this Court by exercising powers vested with it under

Section 482 of Cr.P.C. Hence, the following:

ORDER

Petition is allowed.

Charge sheet filed against the petitioner which is now

subject matter of C.C.No.2136/2017 on the file of Principal

Civil Judge and Judicial Magistrate First Class, Athani is

hereby quashed. However, the same shall not come in the

way of Athani Poli