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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 28^TH DAY OF JUNE, 2018

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO.4250/2018

BETWEEN

1.

SAIYED JIYAULLA

S/O LATE BHAKSHI SAB

AGED ABOUT 38 YEARS

DRIVER OF THE LORRY BEARING

NO. GA-09-U-4253

R/O SASVEHALLI VILLAGE

HARIHARA TALUK

DAVANAGERE DIST 577 601

2.

VIJAY

S/O NAGAPPA

AGED ABOUT 21 YEARS,

DRIVER OF THE LORRY BEARING

NO. G-09-U-7277

R/O K BEVINAHALLI VILLAGE

HARIHARA TALUK

DAVANAGERE DIST 577 601

3.

THAHIR

S/O SYED AHAMED

AGED ABOUT 24 YEARS,

DRIVER OF THE LORRY BEARING

NO. KA-51-AB-238

R/O. 2^ND MAIN, 2^ND CROSS

VINOBANAGARA

DAVANAGERE DIST 577 001

4.

BHARAT SAVANTH

S/O SADASHIVA SAVANTH

AGED ABOUT 45 YEARS,

OWNER OF LORRY BEARING

2

REG. NO. GA09/U-4253

R/O SANGAVEL, GOA CITY 403 108

5.

MUBARAK BASHA

S/O KHADER BASHA

AGED ABOUT 26 YEARS

OWNER OF TATA TIPPER

BEARING REG. NO. KA-51-AB-0238

R/O 1^ST MAIN, 1^ST CROSS

RING ROAD, VINAYAKA NAGARA

DAVANAGERE 577 001

6.

ABDUL WAJAEED

S/O KHADER BASHA

AGED ABOUT 55 YEARS,

OWNER OF TATA TIPPER

BEARING REG NO. GA-09 U-7277

R/O. VINAYAKA NAGARA

DAVANAGERE 577 001 ... PETITIONERS

(BY SRI. JAYA PRAKASH K. N., ADV.)

AND

1.

STATE OF KARNATAKA

BY RURAL POLICE STATION

HARIHARA, DAVANAGERE DIST

REP. BY SPP, HIGH COURT

BUILDING, BENGALURU – 560 001

2.

PRAKASH D

S/O DEVENDRAPPA

AGED ABOUT 42 YEARS,

REVENUE INSPECTOR

HARIHARA CIRCLE

HARIHARA TALUK OFFICE

HARIHARA, DAVANAGERE 577 601

... RESPONDENTS

(BY SRI. S. RACHAIAH, HCGP FOR R1 AND R2)

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THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO

QUASH THE ENTIRE PROCEEDINGS INCLUDING THE

COMPLAINT AND FIR DATED 07.04.2018 IN CRIME

NO.63/2018 FOR THE OFFENCE P/U/S 379 OF IPC R/W

SECTION 21(1) OF THE MMDR ACT, REGISTERED BY

HARIHARA RURAL POLICE STATION, DAVANAGERE

DISTRICT, WHICH IS PENDING ON THE FILE OF THE

PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, HARIHARA,

DAVANAGERE DISTRICT.

THIS CRL.P COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

The present petition is filed seeking quashing of

the registration of a case in Crime No. 63/2018 under

Section 154 of Cr.P.C. by the 1^st respondent-Police for

the offence punishable under section 379 of IPC r/w.

Section 21(1) of Mines and Minerals (Development and

Regulation) Act, 1957.

2.

I have heard the arguments of the learned

counsel for the petitioner and as well as the learned

HCGP. Perused the records.

3.

The factual aspects of the case reveal that

on the FIR lodged by one Mr. Praksh D., son of

Devendrappa, the Revenue Inspector, Kurubarahalli

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Village, Harihar Taluk, Davanagere, making allegations

that the accused persons were involved in committing

theft of sand from Tungabhadra River by using their

Tipper lorries etc. On the basis of such information, the

Police have registered a case in Crime No. 63/2018

exercising powers under Section 154 of Cr.P.C. and

they are investigating the matter.

4.

Learned

counsel

submitted

that,

the

registration of the case under Section 154 of Cr.P.C.

itself is not contemplated and the Police have no

jurisdiction to register any case under Section 154

Cr.P.C.

and consequently

investigate

the matter.

Therefore, the said FIR and all further proceedings in

connection with that case are required to be quashed.

5.

This court had an occasion to deal with the

above said aspects in detail in a case reported in ILR

2018 KAR 1497 between Sri Vivek and Another Vs.

The State of Karnataka by Kunigal Police Station,

Tumkur District and Another.

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HELD,-

a) In order to empower the Court to take

cognizance of the offences under MMDR Act

and Rules, a private complaint is required to be

filed by the competent