: 1 :

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MR.JUSTICE K.SOMASHEKAR

CRIMINAL PETITION NO.5356 OF 2019

BETWEEN

1.

Amul Raj

S/o Joseph

Aged about 33 years

R/at Mylasandra Village

Begur Hobli

Bangalore 3 560 068.

2.

Sri. Bal Raj

S/o. Jakub

Aged about 51 years

R/at Mylasandra Village

Beguru Hobli

Bangalore 3 560 068.

... Petitioners

(By Sri.Rajashekara R.V 3 Advocate (absent))

AND

State of Karnataka

By its Station House Officer

By Electronic City Police Station

Bengaluru 3 560 100

Rep. by

State Public Prosecutor

High Court Building

Bangalore 3 560 001..

... Respondent

(By Sri. Rahul Rai .K - HCGP)

: 2 :

This Criminal Petition is filed under Section 482 of

the Code of Criminal Procedure, praying to quash the

entire proceedings pending in C.C.No.4519/2017 in Crime

No.125/2016 Electronic City Police) pending on the file of

the Chief Judicial Magistrate at Bangalore vide Annexure-

A which is registered against the petitioners for the

offences punishable under Sec. 21(1), 21(2) MMRD Act,

and Sec. 192(A) KLR Act and Sec. 379 of IPC.

This Criminal Petition coming on for Admission, this

day, the court made the following:

O R D E R

None appear for petitioners either physically or

through video conferencing. But this petition is slated for

removal of office objections for the second time. Neither

the counsel for petitioners who is on record nor the

petitioners, are diligent or vigilant to cure the defects to

proceed further. But petitioners are arraigned as

Accused Nos.1 and 2 in C.C.No.4519/2017 arising out of

the case in Cr.No.125/2016 registered by Electronic City

P.S. for offences punishable under Rules 21(1), 21(2) of

the Karnataka Minor Mineral Concession Rules and

: 3 :

Section 379 of the IPC, 1860 and so also for offences

under Section 192-A of the KLR Act. Annexure-<A= is the

order-sheet maintained by the Court of the CJM,

Bengaluru

Rural

District

relating

to

the

case

in

C.C.No.4519/2017 and more so, FR No.2624/2017.

2. But this petition is filed seeking for quashment of

the proceedings initiated against the accused relating to

the case in Cr.No.125/2016. Even though in paragraph

No.14 of the petition a ground is taken that no court shall

take cognizance for offences under Section 22 of the Mines

and Minerals (Development & Regulation) Act, 1957 (for

short 8MMDR Act9), however, it is settled position of law

relating to the scope of Section 22 of the MMDR Act even

in the judgment rendered by the Hon9ble Apex Court in

AIR 2015 SC 75 between the State of NCT of Delhi vs.

Sanjay. These grounds are urged in this petition for

seeking intervention to quash the criminal proceedings

initiated against the accused by exercising power under

Section 482 of the Cr.P.C.

: 4 :

3. But the case is of the year 2016 and charge-sheet

has been laid in the year 2017. Taking into consideration

the registration of the crime in the year 2016, it is almost

all completion of five years. Even though charge-sheet

has been laid in the year 2017, the aforesaid charge-

sheeted case is pending before the CJM, Bengaluru Rural

District and there is no ending relating to disposal of this

criminal case. But speedy disposal is the object of Article

21 of the Constitution of India to protect the personal life

and liberty. To protect the personal life and liberty is

enshrined in the Constitution of India relating to the

witnesses who have been cited in the charge-sheet. But a

holistic approach is required to be followed in respect of

the gravamen of the incident who is to be termed as

complainant and so also the accused. Therefore, it is

deemed appropriate to state that the petition filed by the

petitioners under Section 482 Cr.P.C. cannot arise for

consideration seeking for quashment of the charge-sheet

laid against the accused. In terms of the aforesaid

reasons as well as in t