IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101113 OF 2023 (482(Cr.PC)/528(BNSS))

C/W CRIMINAL PETITION NO. 103392 OF 2023 IN CRL.P. NO.101113 OF 2023:

BETWEEN:

1. NAGANAGOUDA S/O. LACHMANAGOUDA AGE. 40 YEARS, OCC. AGRICULTURE, R/O. BUNNATTI, TQ. KANAKAGIRI, DIST. KOPPAL-583231.

2. RAYANAGOUDA S/O. LACHMANAGOUDA AGE. 43 YEARS, OCC. AGRICULTURE (NOW APP), R/O. BUNNATTI, TQ. KANAKAGIRI, DIST. KOPPAL-583231.

3. RAMANAGOUD S/O. LACHMANAGOUDA AGE. 45 YEARS, OCC. AGRICULTURE, R/O. BUNNATTI, TQ. KANAKAGIRI, DIST. KOPPAL-583231.

4. VEERUPANAGOUDA Digitally signed by B S/O. HANUMANAGOUDA K MAHENDRAKUMAR AGE. 42 YEARS, OCC. COOLIE, B K Location: HIGH MAHENDRAKUMAR C K A O R U N R A T T O A F KA R/O. BUNNATTI, TQ. KANAKAGIRI, DHARWAD BENCH Date: 2025.02.11

15:51:45 +0530 DIST. KOPPAL-583231.

…PETITIONERS (BY SRI. SHIVA SHIRUR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.

2. THE STATE OF KARNATAKA R/BY SAYYAD FAZIL, OCC. SCIENTIST, M.M.R.D., KOPPAL-583231.

…RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.

SEEKING TO, QUASH THE PRIVATE COMPLAINT NO.369/2020 AND ALL FURTHER PROCEEDINGS IN CC.NO.188/2020 PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE AND J.M.F.C. AT. GANGAVATI FOR PUNISHABLE U/S. 21(1) AND 21(2) OF MMRD ACT, 1967 IN SO FAR AS PETITIONERS/ACCUSED NO.14 TO 16 AND 18 IS CONCERNED.

IN CRL.P. NO.103392 OF 2023:

BETWEEN:

RAMANAGOUD S/O. LACHMANAGOUDA AGE. 46 YEARS, OCC. AGRICULTURE, R/O. BUNNATTI, TQ. KANAKAGIRI DIST. KOPPAL-583231.

…PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY STATE BUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA -580001.

2. THE STATE OF KARNATAKA R/BY ROOPA C.H, OCC. GEOLOGIST MINES AND GEOLOGY DEPARTMENT, KOPPAL-583231.

…RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)

THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.

SEEKING TO, QUASH THE PRIVATE COMPLAINT NO. 369/2020 AND ALL FURTHER PROCEEDINGS IN SPL.C.(MMRD) NO.09/2022 PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, AT KOPPAL FOR OFFENCE P/U/SEC. 21(1) AND 21(2) OF MMRD ACT, 1967 IN SO FAR AS PETITIONER/ACCUSED NO.1 IS CONCERNED.

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

CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

Since the issue involved in these petitions is similar, they are taken up together, heard, and disposed of by a common order.

2. In these petitions, the respondent has filed a private complaint under Section 200 of Cr.P.C., alleging that the petitioners, who are the owners of agricultural lands, extracted sand and transported it without obtaining a license from the competent authority, intending to sell it in the open market for unlawful gain.

3. Upon perusal of the complaint, the learned Magistrate took cognizance of the offence under Sections 21(1) and 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, “MMRD Act”).

4. Section 4(1A) of the MMRD Act states that no person shall transport or store, or cause to be transported or stored, any mineral except in accordance with the provisions of the Act and the rules made thereunder.

5. Section 21(1) of the MMRD Act deals with penalties and states that whoever contravenes the provisions of sub-section (1) or sub-section (1A) of Section 4 shall be punished with imprisonment for a term that may extend to two years, or with a fine that may extend to twenty-five thousand rupees, or with both.

6. Section 22 of the MMRD Act states that no court shall take cognizance of any offence punishable under this Act or any rules made thereunder, except upon a complaint in writing made by a person authorized in this behalf by the Central Government or the State Government.

7. Section 30B of the MMRD Act deals with the constitution of Special Courts and states that the St