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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 31^ST DAY OF JULY, 2018

BEFORE

THE HON’BLE MR.JUSTICE K.SOMASHEKAR

CRIMINAL PETITION NO.101096 OF 2018

BETWEEN

SHRI PRAKASH S/O.LANGAPPA KONAKERI

AGE: MAJOR, OCC:DRIVER,

R/O. CHIKKALADDINNI VILLAGE,

TALUK: HUKKERI, DIST:BELAGAVI.

... PETITIONER

(BY SRI.JAGADISH PATIL, ADVOCATE)

AND

THE STATE OF KARNATAKA THROUGH

YAMAKANAMARADI POLICE STATION,

BELAGAVI DISTRICT, NOW REP. BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNTAKA,

DHARWAD, BENCH AT DHARWAD.

... RESPONDENT

(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

CR.P.C., SEEKING TO QUASH THE CRIME NO. 118/2018 DATED

13.03.2018 REGISTERED BY YAMAKANMARDI POLICE STATION,

HUKKERI CIRCLE, BELAGAVI FOR OFFENCE UNDER SECTION 379 OF

IPC AND UNDER SECTION 4(1), 4(1A), 21 OF MMRD (MINES AND

MINERALS REGULATION DEVELOPMENT) ACT 1957 IN SO FAR AS

PETITIONER HEREIN IS CONCERNED & ETC.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:

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ORDER

This petition is filed by the petitioner (Accused No.1)

under Section 482 of Cr.P.C. seeking to quash the entire

proceedings relating to Yamakanmardi P.S., Hukkeri Crime

No.118 of 2018 for the offences punishable under Section

379 of IPC and Sections 4(1), 4(1A) and 21 of MMRD Act,

1957. It is alleged that on 13.03.2018 at about 10:00 a.m.

the respondent Police were on patrolling duty and were

proceeding towards Chikaladdinni village and at that time

407 goods tempo was coming from the opposite direction

and the goods tempo driver by looking at the respondent-

Police stopped its goods vehicle, got down and ran away

from the spot. It is further alleged that in spite of chasing

him, the Police could not catch the driver of the said vehicle

and on verification of the said vehicle it is found that the

said vehicle was filled with sand, without having any valid

permit. On filing of the complaint by the complaint, crime

came to be registered.

2.

Whereas the learned counsel for the petitioner

taken me through the case in Crime No.118 of 2018

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wherein the Investigating Officer conducted the mahazar in

the presence of panch witness and also recorded the

statement of the witnesses against the accused as they

were said to be transporting the sand without any valid

permit.

3.

This Court in 2018 (2) KCCR 1239 (Sri Vivek

and Another Vs. The State of Karnataka by Kunigal

Police Station, Tumkur District and Another) has held

that, offence under Section 379 IPC and Karnataka Mineral

Concession Rules, allegations as to illegal transportation of

sand, charge sheet filed, committal of Special Court, plea

that Police did not register any case though they have

received credible information with regard to commission of

cognizable offences as per Section 154 Cr.P.C. and Special

Court has no jurisdiction to take cognizance and entertain

charge sheet under Section 173 of Cr.P.C. in view of the bar

u/S 22 of the Act of 1957 and Rules of 1994.

4.

Learned counsel for the petitioners relying upon

the above ratio of the reliance submits that the case stated

supra, squarely applicable to the present case on hand

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where the accused are required to face trial. On these

primary grounds urged by the learned counsel for the

petitioner seeking for quashment of the entire proceedings.

5.

On the other hand, learned HCGP has taken me

through the allegations made against the accused relating

to the case in Crime No.118 of 2018 and contended that the

petitioners were transporting the sand illegally and without

having any valid permit. Because of filing of the complaint

by the concerned authorities, crime came to be registered.

The petitioners were involved in illegal transportation of

sand. Hence, sought for dismissal of the petition.

6.

Keeping in view the submission made by the

lea