The petitioner is before this Court calling in question the

order dated 22-10-2019 passed C.C.No.778 of 2019 pending

before the Senior Civil Judge and JMFC, Ramdurg, for offence

punishable under Section 379 of the IPC.

2. Heard Sri H.M.Dharigond, learned counsel appearing for

the petitioner and Sri Ramesh Chigari, learned High Court

Government Pleader appearing for the respondent – State.

3. The facts in brief are as follows:-

A complaint is registered by the Police Sub-Inspector,

Ramdurg, against the petitioner and 10 others on the score that

they had tried to transport sand without a permit. Based upon

the said complaint, a FIR is registered in Crime No.43 of 2017

for offences punishable under Section 379 of the IPC and

Sections 4(1), 4(1A) r/w. Section 21 of the Mines and Minerals

3

(Development and Regulations) Act, 1957 and Rules 3, 32 and

44 of the Rules framed thereunder. The Police after investigation

have also filed a charge sheet against the petitioner and others.

The petitioner is accused No.11 in the said case. On filing of the

charge sheet, cognizance is taken by the learned Magistrate for

the offence punishable under Section 379 of the IPC only. It is

at that junct