Aggrieved by the registration of FIR in Crime No.80/2022 dated

16.06.2022, pending on the file of II Addl. Civil Judge (Jr.Dn.) and

JMFC., Court, Hosapete by Assistant Sub-inspector of Police, Hosapete

Rural Police Station for the offence punishable under Sections 21, 4(1),

4(1)(a) of Mines and Minerals Regulation of Development Act, 1957,

(herein after for short ’MMDR Act’) r/w Section 379 of IPC, the instant

Criminal petition is filed.

2.

The allegation against the petitioner is that, the petitioner was

transporting the sand without necessary permit. It is alleged that the

petitioner had permission to transport sand from Balegara village of

Yalaburga taluk to Chalagurki village of Bellary taluk and the same had

to be transported between 10.11.27 a.m. to 4.11.27 p.m. on 09.06.2022.

However, the vehicle bearing No.GA-09/U-3391 was intercepted and

checked at Hosapete at about 4.00 p.m. on 09.06.2022 and it was found

to be carrying sand and when they tried to track the vehicle through

GPS, present in the lorry, it was found that the petitioner had switched of

the GPS and for that reason on the ground that the petitioner was

transporting the sand without permit by causing theft of the same, the

FIR has been filed.

- 3 -

3.

The case of the petitioner is that the allegation made does not

disclose the offence committed. Firstly, there has been no theft. The

allegation does not disclose how theft was committed. It is submitted

that the complaint has been lodged by the Assistant Sub-inspector of

Police on 16.06.2022 and thereafter FIR has been registered and filed

before the Court by Assistant Sub-inspector himself. The allegation that

the complaint or the contents of the FIR as stated above does not

disclose the offence under Section 379 of IPC. It is further submitted

that as per Section 22 of MMDR Act, no Court can take cognizance of

any offence punishable under the MMDR Act except upon a complaint in

writing made by a person authorized in this behalf by Central

Government or State Government and it is submitted that Assistant Sub-

inspector is not a person authorized under the Act and hence, offence

alleged under MMDR Act is also liable to be set aside. It is also

contended that the petitioner had necessary permit to transport sand

till 4.11 p.m. and that the vehicle has been inspected and seized at 4

p.m. and the petitioner had time to request for additional time to transport

the sand to its destination and even if, the complaint has been registered

by a authorized person, the FIR is liable to be quashed as the allegation

do not constitute any offence.

4.

Per contra, learned HCGP upon instructions submits that as the

offence alleged also includes 379 IPC, the complaint can be maintained

- 4 -

by Assistant Sub-inspector. However, she admits that ASI is not the

authorized person to lodge a complaint under Section 22 of MMDR Act.

But, she has not been able to substantiate how the allegation in the

complaint/FIR satisfy the ingredients of Section 379 of IPC. Except

stating that the petitioner was carrying the sand after committing theft of

it, there is no allegation as to how and where the theft was committed.

Admittedly, the complaint under provisions of MMDR Act has been

lodged by a person who is not authorized to do so.

5.

For the aforementioned reasons, the petitioner succeeds and the

following order has been passed:

ORDER

The FIR registered against the petitioner in Crime

No.80/2022 dated 16.06.2022 pending on the file of II Addl.

Civil Judge (Jr. Dn.) and JMFC., Court, Hosapete for the

offence punishable under Section 379 of IPC r/w Section 21,

4(1), 4(1)(a) of MMDR Act is hereby quashed.

Sd/-

JUDGE

HMB