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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JULY, 2021

BEFORE

THE HON9BLE MR.JUSTICE K.SOMASHEKAR

CRIMINAL PETITION NO.4258 OF 2020

BETWEEN

Smt. Varalakshmi

Aged about 34 years

W/o. H.S. Manjunatha

Residing at:

Ganeshanagudi

Nelamangala Town

Bangalore Rural District

Bangalore 3 571 606.

... Petitioner

(By Sri. H.L. Jayaramu - Advocate)

AND

State of Karnataka

By Nelamangala Rural P.S.,

By State Public Prosecutor

High Court Building

Bangalore 3 560 001.

... Respondent

(By Sri. Rahul Rai .K - HCGP)

This Criminal Petition is filed under Section 482 of

the Code of Criminal Procedure, praying to order for stay

of further proceedings in C.C.No.430/2017 for the

offences punishable under Sections 4 and 21 of the

MMDR (Mines and Minerals Regulation of Development)

Act, 1957 r/w Sec. 379 of the IPC pending on the file of

the Prl. Civil Judge and JMFC, Nelamangala and further

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to order for calling of lower court record and to quash the

proceedings initiated against the petitioner.

This Criminal Petition coming on for Admission, this

day, the court made the following:

O R D E R

Petitioner has filed this petition seeking to quash the

criminal proceedings initiated by Nelamangala Rural P.S.

in Cr.No.15/2017 for offences punishable under Sections

4 and 21 of the Mines and Minerals (Development &

Regulation) Act, 1957 (for short 8MMDR Act9) and so also

for offences under Section 379 of the IPC, 1860.

2. Subsequent to registration of the aforesaid crime,

the Investigating Officer had taken up the case for

investigation and laid a charge-sheet against the accused

in C.C.No.430/2017 for the aforesaid offences and the

same is pending before the Court of the Prl. Civil Judge &

JMFC, Nelamangala.

3. Heard the learned counsel Shri H.L. Jayaramu for

the petitioner who is present before court physically and

so also the learned HCGP for the State.

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4. It transpires from the case of the prosecution in

C.C.No.430/2017 that on 24.01.2017 at around 12.35

p.m., Nelamangala Rural P.S. had got credible information

about some persons using Tipper lorry and JCB for

loading and transporting filtered sand. According to the

said credible information, a team consisting Narayanappa,

being the Nelamangala ASI, Ramesh, being a Head

Constable, Srinivasa, a Police Constable and Mallikarjuna,

Jeep driver had proceeded to the scene of crime in a jeep

bearing

Registration

No.KA-04/G-969.

When

the

aforesaid officials had rushed to the scene of crime, on

seeing the team, the accused persons are said to have fled

from the scene, leaving behind the tipper lorry and JCB.

Subsequently, the team led by the Police Officer Ashok

B.S., had made some enquiry of the spot and got some

information that the scene of crime, that is land, belonged

to the Government and also that it was a catchment area.

Accordingly, drew the mahazar and under the mahazar,

had seized the aforesaid Tipper lorry and JCB alleged to

have been used by the accused persons. Subsequent to

drawing the mahazar, the complainant / Police Officer

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Shri Ashok B.S. had registered a case in Cr.No.15/2017

by recording an FIR dated 24.01.2017 for offences under

the MMDR Act, 1957 and for offences under Section 379

of IPC, 1860. Subsequently, the I.O. has taken up the

case for investigation and laid a charge-sheet against the

accused and the same has been challenged by urging

various grounds.

5. Learned counsel for the petitioner herein has

mainly taken me through the substance in the FIR said to

have been recorded by the Police Officer Ashok B.S.,

Nelamangala Rural P.S. It is contended that Section 22 of

the MMDR Act, 1957 states that no court shall take

cognizance of any offence punishable under the aforesaid

Act or any rules made thereunder except upon a

complaint in writing made by a person authorised in this

behalf

by

the

Central

Government

or

the

State

Gover