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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 31^st DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.102246/2019

BETWEEN:

SRI. MARUTI S/O. BALAPPA KATABALI,

AGE 40 YEARS, OCC: AGRICULTURE,

R/O. CHILABHAVI VILLAGE,

TAL: HUKKERI, DIST. BELAGAVI.

...PETITIONER

(BY SRI. SRINAND A. PACHHAPURE, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

THROUGH PSI YAMAKANAMARDI POLICE STATION,

NOW REP. BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD.

... RESPONDENT

(SRI. PRAVEEN K. UPPAR,HCGP FOR RESPONDENT)

THIS

CRIMINAL

PETITION

IS

FILED

UNDER

SECTION 482 OF CR.P.C., SEEKING TO QUASH THE

ENTIRE PROCEEDINGS IN C.C.NO.847/2019 PENDING

ON THE FILE OF THE CIVIL JUDGE & JMFC COURT,

HUKKERI,

REGISTERED

FOR

THE

OFFENCES

PUNISHABLE UNDER SECTION 4(1), 4(1A), 21 & 22 OF

MMRD

ACT,

INSOFAR

AS

THE

PETITIONER

IS

CONCERNED.

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THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by the accused No.2

under

Section

482

of

Code

of

Criminal

Procedure,

1973, seeking

quashing of the

entire

proceedings

in

C.C.No.847/2019,

pending on the file of Civil Judge & JMFC Court,

Hukkeri, registered for the offences punishable

under Section 4(1), 4(1A), 21 and 22 of Mines

and Minerals (Development and Regulation)

Act, 1957 (for short ‘MMDR Act’), insofar as

the petitioner is concerned.

2.

Heard the learned counsel for the

petitioner

and

the

learned

HCGP

for

the

respondent-State.

3.

The brief facts of the case are that,

the PSI, Yamakanmaradi Police Station filed a

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private complaint before the Civil Judge & JMFC

Court, Hukkeri, in P.C.No.205/2019. In the

said complaint, it is stated that on 19.06.2019

at about 5.00 a.m., while the complainant

along with one staff was proceeding in a

Government Jeep on patrolling via Dam Cross,

Jinral,

Hunnur

passing

Hidkal

Dam

going

towards Paschapur at Chilabhavi Cross within

the limits of Hidakal Dam at about 5.45 hours,

at that time one tipper vehicle was coming

from

Aralikatti.

By

seeing

the

same

and

suspecting that the said vehicle is coming with

sand loaded, they stopped the said tipper

vehicle and the driver ran away from the spot

leaving the vehicle. Thereafter, they inspected

the tipper which bears registration No.OR-

16/D-3229 and it was loaded with sand. On

local enquiry, the complainant came to know

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that the said vehicle is of Satappa Balappa

Katabali (accused No.1), resident of Chilabhavi

and the said tipper driver without any pass or

permit from the Government was transporting

the sand. During the said raid, the raiding

party seized the vehicle and took the sand for

sample from the said vehicle, and the vehicle

with sand was seized under panchanama. After

the

PSI

presenting

the

private

complaint

against the said Satappa along with report and

seizure mahazar, as the complainant is a public

servant, authorized to file a complaint, his

examination was dispensed with and Court took

the cognizance of the offences and ordered for

registering a criminal case against the said

Satappa

(accused

No.1)

for

the

offences

punishable under Sections 4(1), 4(1A), 21 and

22 of MMDR Act. The said case came to be

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registered in C.C.No.847/2019 and process was

issued

against

the

accused

No.1.

In

the

meantime, the petitioner came to be arrested

and produced before the Civil Judge & JMFC

Court, Hukkeri along with requisition to add

the petitioner as accused No.2 in the case. The

learned Civil Judge and JMFC Court, Hukkeri on

receiving the said requisition, has ordered to

add the petitioner as accused No.2 and the

petitioner was remanded to judicial custody. In

the said requisition seeking adding of the

petitioner as accused No.2, it is mentioned that

the PSI enquired two witnesses namely (1)