HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 615 OF 2026 C/W CRIMINAL PETITION NO. 693 OF 2026 IN CRL.P No. 615/2026 BETWEEN:

1. AVIJITH BANNERJEE S/O AJAYKUMAR BANNERJEE AGED ABOUT 61 YEARS PRESENTLY RESIDING AT EAST BELINANT APARTMENT KANAKAPURA MAIN ROAD NEAR SARAKKI SIGNAL J.P.NAGAR, 6^TH STAGE Digitally signed by SANJEEVINI BENGALURU – 560 078.

J KARISHETTY Location: High Court of ALSO AT Karnataka SY NO. 11/P1/12, SIBARA VILLAGE CHITRADURGA TALUK CHITRADURGA DISTRICT AS A PROJECT MANAGER FOR PNC INFRATECH LTD., 2. SRI SATISH C.DHYANI S/O SHAMBU PRASAD AGED ABOUT 63 YEARS PRESENTLY RESIDING AT HC-KAR R/O PNC INFRATECH LTD., GULLAHALLI VILLAGE YERABALI POST, HIRIYUR TALUK CHITRADURGA DISTRICT – 577 501.

ALSO AT SY NO. 11/P1/12, SIBARA VILLAGE CHITRADURGA TALUK CHITRADURGA DISTRICT AS A GENERAL MANAGER FOR PNC INFRATECH LTD., …PETITIONERS (BY SRI SHIVA KUMAR K. B., ADVOCATE)

AND:

NAYAZ AHAMED KHAN GEOLOGIST OFFICE OF THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY

1^ST CROSS, ADI SHAKTHI NAGARA CHALLAKERE ROAD CHITRADURGA – 577 501 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001.

…RESPONDENT (BY SRI B.N.JAGADEESHA, ADDL. SPP)

THIS CRL.P IS FILED U/S.528 BNSS PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2755/2025 PRODUCED AT ANNEXURE A PENDING ON THE FILE OF THE LEARNED I ADDL CIVIL JUDGE AND JMFC, CHITRADURGA, WHEREIN THE PETITIONERS HAVE BEEN ARRAIGNED AS ACCUSED NOS.1 HC-KAR AND 3 FOR ALLEGED OFFENCE P/U/S/ 21(1) AND 21(2) OF MMDR ACT.

IN CRL.P NO. 693/2026 BETWEEN:

1. AVIJITH BANNERJEE S/O AJAYKUMAR BABBERHUM AGED ABOUT 61 YEARS PRESENTLY RESIDING AT EAST BELINANT APARTMENT KANAKAPURA MAIN ROAD NEAR SARAKKI SIGNAL J.P.NAGAR, 6^TH STAGE BENGALURU – 560 078.

ALSO AT SY NO. 11/P1/12, SIBARA VILLAGE CHITRADURGA TALUK CHITRADURGA DISTRICT AS A PROJECT MANAGER FOR PNC INFRATECH LTD., 2. SRI SATISH DYANI S/O SHAMBU PRASAD PRESENTLY RESIDING AT R/O PNC INFRATECH LTD., GULLAHALLI VILLAGE YERABALI POST, HIRIYUR TALUK CHITRADURGA DISTRICT – 577 501.

ALSO AT SY NO. 11/P1/12, SIBARA VILLAGE CHITRADURGA TALUK CHITRADURGA DISTRICT HC-KAR AS A GENERAL MANAGER FOR PNC INFRATECH LTD., ...PETITIONERS (BY SRI SHIVA KUMAR K. B., ADVOCATE)

AND:

NAYAZ AHAMED KHAN GEOLOGIST OFFICE OF THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY

1^ST CROSS, ADI SHAKTHI NAGARA CHALLAKERE ROAD CHITRADURGA - 577 501 RERPESETNED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILIDING BENGALURU - 560 001.

...RESPONDENT (BY SRI B.N.JAGADEESHA, ADDL. SPP)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.2756/2025 PRODUCED AT ANNEXURE-A PENDING ON THE FILE OF THE I ADDL.CIVIL JUDGE AND JMFC CHITRADURGA WHEREIN THE PETITIONERS HAVE BEEN ARRAIGNED AS ACCUSED NOS.1 AND 3 FOR ALLEGED OFFENES P/U/S 21(1) AND 21(2) OF MMDR ACT.

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

HC-KAR CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioners are before this Court calling in question the order of the concerned Court taking cognizance and registering C.C.Nos.2755/2025 and 2756/2025 for offences punishable under Sections 21(1) and 21(2) of the Mines and Minerals (Development and Regulation) Act, 1957 and Rule 44 of the Karnataka Minor Mineral Concession (Amendment) Rules, 2020.

2. Heard Sri. Shiva Kumar K.B., learned counsel appearing for the petitioners and Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for the respondent.

3. Facts in brief germane are as follows:

The petitioners are the accused. Plethora of facts are narrated in the petition of the events commencing from 31.03.2017, till the institution of a complaint on 28.04.2025. The learned counsel for the petitioner for the present would restrict his submission to the procedure of the concerned Court HC-KAR in answer to