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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^th DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION NO.2034/2021

BETWEEN:

1 .

SRI MOHANA B.M.

S/O LATE MUDDAVEERAIAH

AGED ABOUT 61 YEARS

R/AT BELADHARA. KORA HOBLI

TUMAKURU TALUK

TUMAKURU DISTRICT-572101

2 .

M.R. RAJKUMAR

S/O RAMACHANDRAPPA

AGED ABOUT 47 YEARS

OCC: TEACHER

UMAPRAGATHI HIGH SCHOOL

BELADHARA, R/AT KORA HOBLI

TUMAKURU TALUK

TUMAKURU DISTRICT-572101

… PETITIONERS

(BY SRI KANTHARAJAPPA M.G., ADVOCATE)

AND:

1 .

THE STATE OF KARNATAKA

BY MINES AND GEOLOGY DEPARTMENT

TUMAKURU TOWN AND TALUK

TUMAKURU-572101

REP. BY SANTHOSH KUMAR

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2 .

THE STATE OF KARNATAKA

BY KORA POLICE STATION

TUMAKURU RURAL (T), TUMAKURU DISTRICT

REPRESENTED BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU-560001.

… RESPONDENTS

(BY SMT.NAMITHA MAHESH B.G., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C. PRAYING TO QUASH THE COMPLAINT IN THE

LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU

IN PCR No.753/2019 IN C.C.NO.6339/2019 FOR THE OFFENCES

PUNISHABLE UNDER SECTIONS 4, 4(1A), 21, 22, 23(a) OF

M.M.R.D. ACT (MINES AND MINERALS REGULATION AND

DEVELOPMENT ACT) AND RULES

3, 42, 43, 43(a) OF

KARNATAKA MINOR MINERAL CONCESSION RULES REGISTERED

BY 1^ST RESPONDENT DEPUTY DIRECTOR MINES AND GEOLOGY

DEPARTMENT, TUMAKURU IN ANNEXURE-A BY ALLOWING THIS

CRIMINAL PETITION.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 482 of Cr.P.C, praying

this Court to quash the complaint in PCR No.753/2019

(C.C.No.6339/2019) pending on the file of II Additional Civil

Judge & JMFC., Tumakuru for the offences punishable under

Sections 4, 4(1a), 21, 22, 23(a) of the Mines and Minerals

(Development and Regulation) Act, 1957 (‘the MMDR Act’ for

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short) and Rules 3, 42, 43, 43(a) of the Karnataka Minor Mineral

Concession Rules, 1994 (‘the KMMCR Rules’ for short).

2.

The

factual

matrix

of

the

case

is

that

the

respondents herein have initiated the proceedings against the

petitioners herein by filing a private complaint, which is

numbered

as

P.C.R.No.753/2019.

Subsequent

to

the

investigation, the Police have also filed the charge sheet, the

same is numbered as C.C.No.6339/2019. Hence, the petitioners

are before this Court.

3.

The main grounds urged in the petition before this

Court by the learned counsel for the petitioners is that these

petitioners are in no way connected to the alleged offences and

also not involved in the alleged incident. The complaint is filed

with an intention to overcome their illegal act. It is contended

that the petitioner No.1 is the social worker, presently, he is a

member of Grama Panchayath, Beladhara and he is having

moveable and immoveable properties and he has been falsely

implicated and there are no criminal antecedents.

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4.

Per contra, learned High Court Government Pleader

appearing for the respondents/State would vehemently contend

that a separate complaint was filed and thereafter cognizance

was taken and the charge sheet is also filed and the matter is

yet to commit before the appropriate Court.

5.

In reply, the learned counsel for the petitioners

would vehemently contend that under Section 30(3) of the

MMDR Act, the matter has to be tried by the Special Court.

6.

Having considered the grounds urged in the petition

and also the contention taken by the learned counsel for the

petitioners, the order sheet, which is produced at Annexure ‘C’

discloses that on filing of the charge sheet, the summons issued

to the accused and the accused persons have not yet appeared

before the Trial Court and the Trial Court yet to commit the

matter to the Special Court in terms of Section 30(3) of the

MMDR Act.

7.

Having perused the records, a separate complaint is

filed by the authorized person and the Cour