IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100125 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

M/S SAI MAHALAKSHMI STONE CRUSHER, PROP. K. LAKSHMI PRASAD ROA, AGE ABOUT 56 YEARS, OCC. BUSINESS, R/O. SY.NO.9/2, KEREHALLI, BUDUGUMPA CROSS, TQ AND DISTRICT. KOPPAL-583228.

…PETITIONER (BY SRI. SUBHASH J.BADDI, ADVOCATE)

AND:

STATE OF KARNATAKA REPRESENTED BY GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, KOPPAL TOWN, KOPPAL TALUK AND DISTRICT-583234, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.

…RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE)

Digitally signed by B K MAHENDRAKUMAR Location: HIGH THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 COURT OF KARNATAKA OF BNSS), PRAYING TO, PASS AN ORDER AND TO QUASH THE DHARWAD BENCH Date: 2025.01.21 ENTIRE PROCEEDINGS AGAINST THE PETITIONER I.E., ACCUSED

07:28:34 +0530 NO.5 IN SPL.C. (MMDR) NO.04/2024, PENDING BEFORE PRL.DISTRICT AND SESSIONS JUDGE AT KOPPAL (ARISING OUT OF CC NO.3891/2022, BEFORE THE COURT OF PRL.CIVIL JUDGE AND JMFC AT KOPPAL), FOR THE ALLEGED OFFENCES U/S 4(1) (1- A) OF MMRD WITH RULE 3(1), 42(1) OF MINES AND MINERAL (DEVELOPMENT AND REGULATION) ACT, SECTION 21(1), 21(2) AND RULE 44(1), 44(2), 44(3) OF KARNATAKA MINOR MINERAL CONCESSION RULES 1994.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

The cognizance taken by the learned Magistrate for the offences punishable under Sections 4(1),(1-A), 22 of the Mines and Minerals Development and Regulation Act, and Rule 3(1), 42(1) of MMRD and Section 21(1) and 21(2) and 44(1), 44(2) and 44(3) of MMRD, is impugned in this petition.

2. The respondent filed a private complaint under Section

200 of Cr.PC alleging that the petitioner unauthorizedly transported the building stones without permission and license as specified under the Act and Rules, and the license granted to the petitioner for crushing stone has expired.

3. The question is whether the learned Magistrate can take the cognizance of the offence has already been examined by this Court in Crl.P No.100525/2017, wherein paragraphs No.3 and

4 has observed as follows:

"3. The provision under Section 30B of the Mines and Minerals (Development and Regulation) Act, 1957, (‘the MMDR Act’, for short) confers special status on the Special Courts and the Governments have to establish Special Courts for the purpose of trying the offences under the MMRD Act. There is no doubt so far as the above aspect is concerned. Section 30B of the MMDR Act reads as under:-

“30B.Constitution of Special Courts.

(1) The State Government may, for the purposes of providing speedy trial of offences for contravention of the provisions of sub-section (1) or sub-section(1A) of section 4, constitute, by notification, as many Special Courts as may be necessary for such area or areas, as may be specified in the notification.

(2) A Special Court shall consist of a Judge who shall be appointed by the State Government with the cocurrence of the High Court.

(3) A person shall not be qualified for appointment as a judge of a Special Court unless he is or has been a District and Sessions Judge.

(4) Any person aggrieved by the order of the Special Court may prefer an - 5 - NC: 2024:KHC:15715 CRL.P No. 10780 of 2023 appeal to the High Court within a period of sixty days from the date of such order.”

4. In view of the above said provision, in order to deal with the matters under the above said enactment, the Government has issued notification constituting Special Courts for the purpose of dealing with the offences under the MMRD Act. As per Section 30B of the MMDR Act, the Principal District and Sessions Judge of every district have been designated as the Special Judge. In view of Section 30B of the MMDR Act and the notification issued, as noted above, it is crystal clear that the Judicial Magistr